Sri Bhupatiraju Ravichandra Varma v. Union Of India,
THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION NO.23277 OF 2016 DATED:12-09-2016 Between:
Sri Bhupatiraju Ravichandra Varma ... Petitioner And Union of India Rep. by the Principal Secretary Finance Department New Delhi and others ... Respondents COUNSEL FOR THE PETITIONER: Ch. Ravi Kumar, for Mr. T.S. Praveen Kumar COUNSEL FOR RESPONDENT NO.1: Sri B. Narayana Reddy, Assistant Solicitor General COUNSEL FOR RESPONDENT NO.2: - THE COURT MADE THE FOLLOWING:
CVNR, J & GSP, J WP 23277/2016 ORDER: (per the Hon'ble Sri Justice C.V. Nagarjuna Reddy) This writ petition is filed for the following relief: "...to issue a Writ, order or direction in the nature of Mandamus or otherwise declaring the action of the Respondent Bank as highhanded, illegal, against the principles of natural justice and consequently set aside the notices under Sec. 13(2) dated 22-12016 and Notice under Sec. 13(4) dated 12-4-2016 of the SARFAESI Act , and the 'Tender Notice Public Notice for Auction Sale of Properties' published by the Respondent Bank in the Indian Express Newspaper dated 15-6-2016 to the extent of the petitioner's property bearing plot No.299 in HUDA approved Lay out in file No. 6035/ MP2/ HUDA/98 dated 3-9-1998 totally admeasuring 498.17 sq. yards or 416.47 sq. meters in Sy.No.342/2 'AERO NAGAR' situated at Block 33 of Gajularamaram Village, under G.H.M.C. Circle and Mandal and Sub District Qutbullapur, Ranga Reddy District, i.e. item No.3 in the above Auction Notice."
At the hearing, Mr. Ch. Ravi Kumar, learned counsel representing Mr. T.S. Praveen Kumar, learned counsel for the petitioner, submitted that respondent No.2 has not held sale in pursuance of the impugned auction notice and that his client has approached the said respondent and paid certain amounts. He has therefore requested for permission of the Court to withdraw the writ petition with liberty to his client to pursue with respondent No.2.
The writ petition is accordingly dismissed as withdrawn with liberty to the petitioner in terms of the prayer made. As a sequel to dismissal of the writ petition, W.P.M.P. No.28666 of 2016 shall stand disposed of as infructuous.
__________________________ C.V. NAGARJUNA REDDY, J _________________________ G. SHYAM PRASAD, J 12-09-2016 bnr
CVNR, J & GSP, J WP 23277/2016