D. Srinivasulu, v. State Bank Of Hyderabad

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE MS. JUSTI CE J. UMA DEVI WRI T PETI TI ON No.17348 of 2016 ORDER: (per Justice Sanjay Kumar) The prayer in this writ petition reads as under: "For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon'ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ or order or direction declaring e-Auction notification dated 7-5-2016 issued by the 2nd respondent herein proposing to conduct auction in respect of Ac.0-93 cts. in Sy.No.417/6 of Kotnur Village within Hindpur limits i.e. items 2 and 3 of the notification dated 7-5-2016 as arbitrary, illegal and without any entitlement and consequently direct the respondent No.1 and 2 not to conduct any auction in respect of land admeasuring Ac.0.93 cts. in Sy.No.417/6 Kotnur Village, Hindupur Municipality, Anantapur District and pass such other order or orders in the interest of justice."

By order dated 07.06.2016, this Court permitted the State Bank of Hyderabad to proceed with the sale proposed to be held pursuant to the impugned e-auction notice dated 07.05.2016 but directed it not to confirm the same. A further direction was given to the bank to receive 25% of the bid amount but not to collect the balance 75% thereof. We are now informed by both sides that the sale proposed to be held on 08.06.2016 pursuant to the impugned e-auction notice dated 07.05.2016 did not materialise.

In that view of the matter, challenge in this writ petition to the impugned e-auction notice dated 07.05.2016 has become purely academic and does not warrant consideration on merits. The writ petition is accordingly dismissed on this short ground leaving all issues open. The petitioners are at liberty to invoke appropriate

remedies in accordance with law as and when a fresh cause of action arises.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

__________________________ SANJAY KUMAR, J ___________________________ J. UMA DEVI , J Date: 01.11.2017 IBL