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High Court for State of TelanganaWP/26736/2016dismissed

M/S Hari Om Packaging v. Union Of India, Ministry Of Finance, Rep.By Its Secretary,

2016-08-09C.V.Nagarjuna Reddy,Gudiseva Shyam Prasad3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice G.Shyam Prasad Writ Petition No.26736 of 2016 Date: 09.08.2016 Between:

M/s.Hari Om Packaging a Proprietary Concern having its Office at part of the land in Survye No.656 situated at Satamrai rep. by its Proprietor G.Kavitha ..Petitioner and Union of India Ministry of Finance rep. by its Secretary Finance Division, New Delhi and 2 others.

..Respondents Counsel for the Petitioner: Mrs.Neelam Narania The Court made the following:

Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for a Mandamus to

direct respondent No.2 not to dispossess the petitioner from the premises admeasuring Ac.1-05 guntas in Survey No.656 of Satamrai, Gaganpahad, Ranga Reddy District, with two sheds admeasuring 14,500 square feet in occupation of the petitioner as a tenant.

Though, in the affidavit, the petitioner referred to the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the 2002 Act'), no piece of paper pertaining to any of those proceedings has been filed by him. Unless the petitioner, who has set up oral tenancy with respondent No.3- mortgagor files relevant documents, it is not possible for this Court to adjudicate upon the dispute raised in the Writ Petition.

Hence, on this ground alone, the Writ Petition is dismissed, however, with liberty to the petitioner to file a fresh Writ Petition with relevant material pertaining to the proceedings under the 2002 Act.

As a sequel to dismissal of the Writ Petition, WPMP.No.33094 of 2016, filed by the petitioner for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) _________________ (G.Shyam Prasad, J) Dt: 9th August, 2016 lur