Nuthalapati Madhu v. The State Of Telangana
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINTH DAY OF DECEIMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 36066 OF 2021 Between:
1. Nuthalapati Madhu, S/o. Ranga Rao, Age 44 years, Occ Business, Rl/o. H.No.11-96/101, Laxmi Residency, Manikonda, Hyderabad, 500089.
2. Malisetty Ashok Kumar, S/o. Giri Rao, Age 42 yearc, Occ Business, R/o. Srinivas Nagar, Khammam, Khammam District.
PETTTTONER(S) AND The State of Telangana, Rep. by its Prl. Secretary, Co-operative Societies Department Secretariat, Hyderabad The District Collector, Khammam, Khammam District The District Co-operative Central Bank Ltd, Rep. by its General lvlanager, lvlahatma Gandhi Road, Gandhi Chowk, Khammam, Khammam District, 507003 The District Co-operatrve Central Bank Ltd, Rep. by its Manager- cum- Sale Officer, Mahatma Gandhi Road, Gandhi Chowk, Khammam, Khammam District, 507003 The Special Cadre Deputy Registrar/ Officer on Special Duty, District Cooperative Central Bank Ltd., Khammam, Khammam District, 507003.
RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.4 and S/Bank Authorities in issuing impugned auction notice d1.21.12.2021, published in daily Newspaper i.e., in Eenadu District edition di.22.12.2021, stating that the public auction is going to be conducted on 28.12.2021 at 11.45 am and without fixing the upset price of the land in connection with the 2nd petitioner/g ua ra ntor's immovable property i.e., land situated in Sy. No. 1 B4IAA to an extent of Ac.
2-00 of Prakash Nagar, Khammam Urban Mandal, Khammam District, by the 4th respondent, without attaching the property in question, before conducting salem, is without power or authority and contrary to the sale auction notice issued by the Sth respondent dt.26.11 .2021 and also contrary to provisions of the Telangana State Co-operative Societies Act, 1964 and rules thereunder, particularly section 70, 71 and rule 52 sub-rule 10 and 1 1(d and e), i.e., without fixing upset price of the land in question is illegal, void and opposed to Articles 14, 19,21 and 300-4 of Constitution of lndia and consequently to direct the respondent/Bank authorities not to interfere with the peaceful possession and enjoyment of the 2nd petitioner's land situated in Sy.No.
an extent of Ac.2-00 of Prakash Nagar, Khammam Urban Mandal, Khammam District without following due process of law. lA NO: 1 OF 2021 Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings in pursuant to the impugned auction notice issued by the 4th respondent/ bank authority d1.21 .12.2021, published in daily Newspaper i.e., in Eenadu District edition d1.22.12.2021, in connection with the public auction going to be held on 28.12.2021 al 11.45 a.m. of the immovable property pertaining to the guarantor/2nd petitioner i.e., land situated in Sy.No'184/AA to an extent of Ac.2-00 of Prakash Nagar, Khammam Urban [\/andal, Khammam District, pending disposal of the main writ petition.
Counsel for the Petitioner(s):SRl. MUMMANENI SRINIVASA RAO Counsel for the Respondent No. 1: GP FOR COOPERATIVE SOC|efy Counsel for the Respondent No. 2: GP FOR REVENUE Counsel forthe Respondent Nos.3 to 5: SRI P. SRINIVAS, SC FOR DCCB The Court made the following: ORDER
HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI W.P.No.36066 of 2021 ORDER:
When the matter is taken up for hearing, learned Standing Counsel appeadng for the respondent-Bank submitted that the auction rvhich is scheduled to bc held on 28.12.2021, is postponed indefinitely and in vierv of the same, the cause in the writ petition does not survive for adjudication.
Le :rrned counsel appcating for the petitioners does not dispute the same.
Recording the said submission made by the learned Standing Counsel appearing for the respondent-Bank, the Wdt Petition is closed. No costs.
Pending rrrisccllaneous petitions, if any, shall stand closed. SD/-T.JAYASREE ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. One CC to SRl. MUIMIVANENI SRINIVASA RAO Advocate t9PqCl i. il; ddsio-cC Fon CoopenATloN (rG) ,Hish court for the State of Telanoana at Hvderabad. [OUTI 3 T;; ic;I;'cF F-on neVrNUE, High court for the state of relansana at Hyderabad. [OUT] a iji'"-cdi" sni p. sntxtvAS, sc FoR DCCB [oPUC]
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6. One spare coPY.
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HIGH COURT DATED:2911212021 -iAi g9 o q 1t11 f I},I\ o tt\ ,.) +.
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ORDER
WP.No.36066 of 2021 CLOSING OF THE WRIT PETITION WITHOUT COSTS.