Sri. G. Chinnaiah, v. State Bank Of India

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTI CE G. SHYAM PRASAD WRI T PETI TI ON No.42388 of 2015 Date: 22.08.2016 Betw een:

Sri G. Chinnaiah .. Petitioner and State Bank of India, Stressed Assets Recovery Branch, 2nd floor, Upstairs of APSRTC Commuter Amenity Centre, Koti, Hyderabad, Rep. by its Chief Manager/Authorised Officer, and others.

.. Respondents Counsel for the petitioner:

Mrs. T.Dhanalakshmi For Mr. D. Raghavulu Counsel for respondent No.1 :

Mr. Podila Hari Prasad The Court made the follow ing:

CVNR, J & GSP, J W.P.No. 42388 of 2015 ORDER: (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for the following substantive relief: "For the reasons stated in the accompanying affidavit it is prayed that this Hon'ble Court may be pleased to pass order or orders direction more particularly in the nature of Writ of Mandamus or any other appropriate writ, setting aside E-Auction sale Notice dated 13.11.2015, fixing the auction of the petitioner property on 18.12.2015 by the respondent bank in respect of all that part and parcel of the property Residential House No.26/906, Document No.3401/1983, Proddutur Sub-Res Jurisdiction, Kadapa District, Prodduturu Municipality, Near Rameshwaram Grama Kshetram, Beside west Watertank, ward No.28, Sy.No.362 & 363/2 in acre 0.10 cents extent Prodduturu (M), Kadapa consequently set aside any other proceedings of the respondent No.1 as illegal, arbitrary against the principles of natural justice and unfair and pass such other orders or order to which the petitioners are entitled to be in the interest of justice."

At the hearing, Mr. Podila Hari Prasad, learned Standing Counsel for respondent No.1-bank, submitted that as no interim order was granted in the writ petition, the respondent-bank has proceeded with the sale, issued sale certificate and registered the same on 04.01.2016 in favour of the auction purchaser. He has further submitted that the petitioner has not questioned the sale or issuance and registration of sale certificate.

Having regard to the events that have transpired subsequent to the filing of the writ petition, which remained unchallenged, the cause on which the writ petition is filed has become infructuous. The Writ Petition is dismissed as such.

CVNR, J & GSP, J W.P.No. 42388 of 2015 As a sequel, WPMP.No.54670 of 2015, filed by the petitioner for interim relief stands disposed of as infructuous. __________________________ (C.V.NAGARJUNA REDDY, J) ______________________ (G. SHYAM PRASAD, J) Date: 22.08.2016 va