Punjab National Bank v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.31395 of 2018 ORDER:

Petitioner is the public sector bank. They assailed the continuation of the landed property together with buildings bearing Nos.15-52, 15-96, 15-102, 15-104 to 108, situated in Sy.No.36, 37, 58 and 59, at Kaverampet, Jadcherla Mandal, Mehboobnagar District, in the list of 'prohibited properties'. It is the case of the petitioners that on account of the pendency of the W.P.No.2376 of 2016, particularly the interim order, dated 28.01.2016, passed by this Court, initially, the properties covered under the Survey Numbers came to be included in the prohibited list. Subsequently, while dismissing the said Writ Petition on 05.08.2016, this Court had vacated the interim order made in W.P.M.P.No.2993 of 2016. The factum of disposal of W.P.No.2376 of 2016 was informed to the District Registrar office, vide legal notice dated 14.12.

2017 with a request to remove the said properties from the prohibited properties list. In spite of the same, the respondents have not acted and with the result, the petitioner's bank is unable to proceed and recover the monies due from the borrower-4th respondent. It is further asserted that the 4th respondent herein is the borrower, who is the 5th respondent in W.P.No.2376 of 2016. Hence, the writ petitioner seeking a direction to the 2nd respondent to remove the said properties, mentioned in Survey Nos. 36, 37, 58 and 59, at Kaverampet, Jadcherla Mandal, Mehboobnagar District, from the list of prohibited properties.

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue (Telangana) for respondent Nos.1 to 3.

There being no dispute with respect to the order passed by this Court dismissing W.P.No.2376 of 2016 and the very factum of the property having been notified as 'prohibited' on account of the order, dated 28.01.2016, in W.P.M.P.No.2993 of 2016, which order stands dissolved on account of dismissal of the said Writ Petition, on 05.08.2016, the 2nd respondent-District Registrar shall take into consideration the same and take necessary steps to delete the subject properties from the prohibited listed, within two weeks from the date of receipt of a copy of this Order. With the above direction, the Writ Petition is disposed of. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall also stand closed.

_____________________________ CHALLA KODANDA RAM, J.

Date: 04.09.2018 Ssv