Smt. B. Vanamala v. The Gramina Vikash Bank

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.41238 of 2018 ORDER: (per the Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioner in this case reads as under: " For all the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble 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 respondents by set aside the sale notice dated 25.01.2018 under SARFAESI Act and prior consequential sale notice dated 31.10.2018 of petitioners H.No.1711-8 (part) situated at Ursu Kareemabad, Warangal as arbitrary and unjust and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." 2.

The sale notice dated 31.10.2018 admittedly did not crystallise in a sale, be it for whatever reason. We do not find any sale notice dated 25.01.2018 on record. In effect, the prayer in this Writ Petition has worked itself out.

3.

The Writ Petition is accordingly dismissed on this short ground, leaving it open to the petitioner to file a fresh case before the appropriate forum, if warranted, in accordance with law.

4.

Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs.

________________ SANJAY KUMAR, J ________________ P. KESHAVA RAO, J Date: 24.06.2019 vhb