Mr.Gurram Malla Reddy, v. Telangana Grameena Bank (Previously Deccan
(SHOW CAUSE NOTICE BEFORE ADMISSION) HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF MARCH, TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WP No: 7380 of 2015 Between:
Mr. Gurram Malla Reddy, S/o. late Lachi Reddy ..... PETITIONER AND 1 Telangana Grameena Bank (previously Deccan Grameena Bank), Choppadandi, Karimnagar District, rep. by its Authorized Officer. 2 Regional Manager, Telangana Grameena Bank (previously Deccan Grameena Bank), Manchiryal, Adilabad District. 3 Sri Gurram Ravinder Reddy, S/o. Malla Reddy, R/o. Choppadandi Village and Mandal, Karimnagar District.
.....RESPONDENTS WHEREAS the Petitioner above named through his Advocate Sri P. VAMSHEEDHAR REDDY presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein, the High Court may be pleased to issue Writ of Mandamus or any other Writ or order or direction in the nature of Writ declaring the action of the respondent Bank in issuing Auction Notice dated 03.03.2015 in respect of H.No.1-282 (New) 1-205 (Old) in Sy.No.1418 at Choppadandi Village and Mandal, Karimnagar District as illegal and arbitrary and consequently set aside the same;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri L.Ravichander, learned Senior Counsel representing Sri P. Vamsheedhar Reddy, Advocate for the Petitioner, directed issue of notice to the Respondents herein returnable in three weeks to show cause as to why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in the Writ Petition; You viz ;
1 The Authorized Officer, Telangana Grameena Bank (previously Deccan Grameena Bank), Choppadandi, Karimnagar District. 2 The Regional Manager, Telangana Grameena Bank (previously Deccan Grameena Bank), Manchiryal, Adilabad District. 3 Sri Gurram Ravinder Reddy, S/o. Malla Reddy, R/o. Choppadandi Village and Mandal, Karimnagar District.
are directed to show cause on or before 13-04-2015, to which date the case stands posted, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted. THE COURT MADE THE FOLLOWING ORDER:
Notice before admission returnable in three weeks. Sri P.Vamsheedhar Reddy, learned counsel for the petitioner, is permitted to take out notice on the respondents by registered post with acknowledgment due and to file proof of service within three weeks. Sri L.Ravichander, learned Senior Counsel appearing on behalf of the petitioner, states that, though the petitioner is ready to pay the entire outstanding amount due with interest today itself, they are unable to do so, as the first respondent has refused to receive the amount and has, instead, put the subject property to sale. Learned Senior counsel, on instructions, submits that, if a direction is issued by this Court, the petitioner would deposit the entire loan amount, with interest till date, by 24.03.2015.
He requests that the auction scheduled to be held today may be stayed on condition that the petitioner deposits the entire outstanding amount, with interest thereon, by 24.03.2015. While we see no reason to interdict the auction, the sale shall not be confirmed for a period of four weeks. In case the petitioner is ready to deposit the amount, the respondent shall receive the same. It is made clear that, in case the petitioner fails to deposit the amount as aforestated, by 24.03.2015, it is open to the respondent-bank to proceed and confirm the sale in accordance with law.
List the Writ Petition 'for admission' on 13.04.2015 in the motion list. ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1 The Authorized Officer, Telangana Grameena Bank (previously Deccan Grameena Bank), Choppadandi, Karimnagar District. 2 The Regional Manager, Telangana Grameena Bank (previously Deccan Grameena Bank), Manchiryal, Adilabad District. 3 Sri Gurram Ravinder Reddy, S/o. Malla Reddy, R/o. Choppadandi Village and Mandal, Karimnagar District.
(Addressees 1 to 3 BY RPAD along with a copy of petition and affidavit) 4 One CC to Sri P. Vamsheedhar Reddy, Advocate (OPUC) 5 Two Spare Copies.
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HIGH COURT RR,J & MSM,J DATE: 23-3-2015 NOTE: List 'for admission' on 13-4-2015 in motion list NOTICE BEFORE ADMISSION W.P.NO. 7380 OF 2015 DIRECTION
HIGH COURT Nnr Date of Drafting : 23-03-2015 RR,J & MSM,J DATE: 23-3-2015 NOTE: List 'for admission' on 13-4-2015 in motion list NOTICE BEFORE ADMISSION W.P.NO. 7380 OF 2015
DIRECTION