S.Ramana Reddy v. The Corporation Bank

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G.SHYAM PRASAD WRIT PETITION No.25704 of 2016 03.08.2016 Between:

S.Ramana Reddy ..Petitioner And The Corporation Bank, Chittoor, and others ..Respondents Counsel for the petitioner: Mr.P.Jagadish Chandra Prasad Counsel for the respondents: -- The Court made the following:

ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for a mandamus to declare the action of respondent Nos.1 and 2 in issuing possession notice, dated 31.05.2016, in respect of plot No.45 and paper publication, dated 06.06.2016, as illegal and arbitrary.

2. The entire case of the petitioner is rested on the plea that the property in respect of which securitisation measures leading to the issue of the impugned possession notice is different from the property claimed by the petitioner and that the latter property was never mortgaged by respondent No.3.

4. On a careful consideration of the pleadings of the petitioner, we are of the opinion that the nature of the dispute raised by him is required to be adjudicated only by a competent civil Court as it involves dispute over the identity of the property, more than any aspect arising under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. As it is not possible for adjudicating such a dispute in a writ petition under Article 226 of the Constitution of India, we are not inclined to entertain this writ petition. Instead, the petitioner is relegated to the remedy of a civil suit.

4. Subject to the liberty given to the petitioner as above, the Writ Petition is dismissed.

5. As a sequel to dismissal of the writ petition, W.P.M.P.No.31767 of 2016 filed by the petitioner for interim relief shall stand dismissed as infructuous.

___________________________ C.V.NAGARJUNA REDDY, J ______________________ G.SHYAM PRASAD, J 03rd August, 2016 GHN