Kunapareddy Brahmaiah, v. The Authorised Officer,
THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.4225 OF 2016
O R D E R
(per Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Honourable Court may be pleased to issue an order or direction or Writ, more particularly one the nature of Writ of Mandamus, declaring the action of the respondents 1 and 2 in proceeding with the auction of the property i.e., house bearing D.No.7-1055, having constructed area of 1253 sq. feet in 302 sq. yards, situated in Bangarugdda Veedhi, Miryalaguda Town, Nalgonda District, without considering the application of the petitioner, dated 05.02.2016, for One Time Settlement to clear the dues to them, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents 1 and 2 to consider the application of the petitioner, dated 05.02.2016, for One Time Settlement to clear the dues to them and to pass such other order or orders as this Honourable Court deems fit and proper in the circumstances of the case."
By order dated 11.02.2016, this Court directed the respondent bank not to take any coercive steps against the petitioner subject to the petitioner depositing the entire outstanding of Rs.18,38,918/- with the respondent bank within a timeframe.
Sri E.V. Suresh Kumar, learned counsel representing Sri K. Srinivasa Murthy, learned Standing Counsel for the respondent bank, states on instructions that the afore-stated order has been complied with and the entire dues of the respondent bank have been cleared. In that view of the matter, the cause in the writ petition no longer survives for consideration on merits.
The writ petition is accordingly closed. Any title deeds relating to the secured assets detained by the bank shall be returned to the persons concerned in accordance with the due procedure. Pending miscellaneous petitions, if any, shall also stand closed. No
order as to costs.
______________________ SANJAY KUMAR, J _______________________________ DR. B.SIVA SANKARA RAO, J 6th JUNE, 2016 PGS