Smt.G.Ramaklakshmamma v. The Obulampalle Primary Agricultural Cooperative

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.5689 of 2012 ORDER:

Smt.G.Ramalakshmamma, W/o.Late Gandikota Laxminarasaiah challenges auction notice NIL of property covered by Sy.No.218 an extent of Ac.7-14 cents scheduled to be held on 03.03.2012 as illegal, void and contrary to Co-operative Societies Act. The case of petitioner is that the said Gandikota Laxminarasaiah died on 29.09.2010 and the 2nd respondent in the pending execution proceedings must bring the petitioner on record and the petitioner will have opportunity to object to the sale of property by placing on record all the grounds in this behalf. Smt.K.Sesharajyam, learned counsel appearing for the 1st respondent submits that the objection now raised is not bonafide and the petitioner is just taking advantage of demise of the principal borrower and no exception can be taken to the auction scheduled to be held on 03-03-2012 for the property, referred to above. None appears for the 2nd respondent.

On 01.03.2012, this court granted interim stay of auction scheduled on 03.03.2012 for a period of six weeks therefrom. The 1st respondent filed W.V.M.P.No.2474 of 2012.

The fact of the matter is whether the auction can be proceeded against a dead person or not. The petitioner being the wife not only contends that her husband died on 29.09.2010 but placed on record the Death Certificate issued by the competent authority, therefore the auction against dead person is void abinitio. Having regard to the fact that the auction scheduled to be held on 03.03.2012 was stayed by this Court on 01.03.2012 and that the auction notice refers to Gandikota Laxminarasaiah, who is no more,

the writ petition is disposed of by setting aside the auction notice insofar as Sl.No.7 is concerned and the matter is remitted to the 2nd respondent for proceeding in accordance with law. As and when the petitioner is brought on record as legal representative of principal borrower, the petitioner can take all objections available in fact and law. If the petitioner is interested in settling the amount with the 1st respondent bank, she is free to make a representation and close the account.

With the above observation, the writ petition is disposed of. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ______________ S.V.BHATT, J Date:18-03-2016 Prv

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.5689 of 2012 Dated 18-03-2016

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