M/S. Arya Sea Foods Private Limited v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.1970 of 2016 ORDER:

Heard.

The petitioner is a purchaser of the property under an E-auction conducted by the IDBI Bank. The said auction was conducted by IDBI Bank for recovery of the outstanding from M/s.Haripriay Marine Exports Private Limited, which had became non-performing asset and under the SARFAESI Act, the auction was conducted. The petitioner is a purchaser and he has obtained Sale Certificate No.897/15, dated 26-03-2015 and the Sale Certificate was already registered. It is stated that earlier the Collector and District Magistrate, West Godavari District, under his order, dated 25-06-2014 gave necessary directions to the concerned Tahsildar for handing over peaceful possession of the property in question to the IDBI Bank. The petitioner states that the said property however continues to be shown in the prohibitory category list.

Hence, a request was made by the IDBI Bank as well as the petitioner before the 3rd respondent for deletion of the property from the list of prohibitory category. The request of the IDBI Bank, dated 08-04-2015 and request of the petitioner, dated 12-11-2015 are stated to be pending consideration before the 3rd respondent and the present writ petition is filed aggrieved by the inaction.

Since the 3rd respondent in any way requires to revise the list of prohibitory category lands, as per the decision of the Full Bench of this Court in W.A.No.343/15 and Batch, dated 23-12-2015, the 3rd respondent is directed to examine the request of IDBI Bank as well as the petitioner, as referred to above, and take appropriate decision in accordance with law expeditiously, preferably within four weeks from the date of receipt of a copy of this order.

Accordingly, the writ petition is disposed of. No costs. Miscellaneous Petitions, if any, pending shall stand closed. _______________________ VILAS V.AFZULPURKAR, J 01.02.2016 Prv

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.1970 of 2016 01-02-2016 Prv