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High Court for State of TelanganaWP/43982/2017closed no costs

E.Vijaya, v. State Bank Of India,

2018-02-06Sanjay Kumar,P.Keshava Rao2 pages

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE P.KESHAVA RAO WRI T PETI TI ON No.43982 OF 2017 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioner in this case reads as under: "For the reasons stated in the accompanying affidavit, it is humbly 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 inaction of 1st Respondent in handing over back the physical possession of premises of the petitioner admeasuring 180 sq.yds situated in Plot No.32-B in S.No.380 in Kukatpally Village, Mandal and Circle, Hyderabad, Medchal-Malkajgiri District and consequently direct the first respondent to take out the material dumped in the said premises and to vacate the said premises, as the said action of petitioner's property is beyond the powers conferred under the provisions of SARFAESI Act, apart from being arbitrary, illegal and unconstitutional and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

On the earlier occasion, Sri M.Srikanth Reddy, learned counsel for the State Bank of India, the first respondent herein, produced before us a copy of the letter dated 10.01.2018 addressed by the Authorised Officer/Chief Manager of the bank to the petitioner informing her that they had vacated the subject premises and were ready to hand over the physical possession to her when she presented herself at their office. Smt.N.Sasikala, learned counsel for the petitioner, would now inform the Court that pursuant to the aforestated communication, the petitioner approached the bank authorities and physical possession of the subject premises has been delivered to her on 30.01.2018.

In the light of the aforestated development, the cause in this writ petition no longer survives for consideration on merits. The writ petition is accordingly closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs. _________________ SANJAY KUMAR,J _________________ P. KESHAVA RAO,J Date: 06.02.2018 IBL