Thammineni Rajashekar v. The State Of Telangana
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HIGH COU^RT FOR THE STATE OF TELANGANA (Speciat origin{ JrrEJi.tio-nj^''-^,,, WEDNESDAY-,THE TWENTY NINTH DAY OF DECEMBER Two THoUSAND AND IWEN;ioN"i".., PRESENT .'
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI '': ''{.
RIT P TIT ON NO 36 18 Between:
l Thammineni Raiashekal S/o. Ranganna, Age 53 years, occ Business, Rl/o. H. No.'t -'1 -e6/1 0.1, Laxm i nesioeniv, [rr]iiii6riiEi riv".r"rabad, 50008e
2. Nuthalapati Madhu. S/o.
r .oo7r o Tli,'-fri'i:#.&: tf:.flfl?i,ilfi ,ff"yffi : 3o"3oBu:,"".,, R/o H No 1 - ...PETITIONER'S AND The State of Telangana, Rep. by its prl. Secretary, Co_operative Societies Department. Secretariai, Hy!erabaO. " -vviv!qi '' vv \
2. The District Collector, Khammam, Khammam District.
3. The District Co-operative Central Bank Ltd, Rep. bV its General Manaoer. Mahatma Ga nd hi Road, Gandhi chowk, kha; iltri, kh;;;;;''D;ri#i' bozoos
4. The District co-operative centrar Bank Ltd, Rep. bv its rVranager- cum -sare officer, IVlahatma Gandhi noio, cJJni Cnor,i( (fr"rrr., knarri, 6iitrict, 507003.
5. The S,pecial Cadre Deputy Re_gistrar/ Officer on Special Duty, District Cooperative Central Bank Ltd., Khammam, Khammam Oistrict, SOZOOC. -- ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court inay be pleased to issue a writ, order or Direction more particularly one in the natuie of writ of It4andamus, declaring the action of the respondent No.4 and S/Bank Authorities in issuing impugned auction notice dt.26.11.2021 stating that the public auction is going to be held on 29.12.2021 al 11.45 p.m., i.e.
, without publishing the same in daily newspaper and without fixing upset price and without obtaining Encumbrance certificate, without taking possession by notifying the same in gazette publication of the land in connection with the 2nd petition er/g ua ra nto r's immovable property i.e., 1) land situated in Sy.No,253/C/1 and Sy.No.253/D/1 to and extent ol j694 Sq.yards and '1 573 Sq,yards respectively of Mallemadugu Revenue Village, Khammam (R) Mandal, Khammam District, 2) land situated in Sy.No.302 to an extent of 311.11 Sq.
Yards of Khanapuram Haveli, Khammam (U) Mandal, Khammam District, which stands in the name of Mekala Sheshi Reddy, is without power or authority and contrary to the provisions of the Telangana State Co-operative Societies Act, 1964 and rules thereunder and particularly section 70, 71 and rule 52 sub-rule 5(i), 10 and 1 1(d and e), i.e., without fixing upset price of the land in question is illegal, void and opposed to Articles 14, 19,21 and 300-4 of Constitution of lndia and consequently to direct the Respondent/Bank authorities not to interfere with the peaceful possession and enjoyment of the 2nd petitioner's land situated in 1) Sy.No.253/C/'1 and Sy.No.253lDl1 to and extent of 1694 Sq.Yards and 1b73 Sq.yards respectively of lVlallemadugu Revenue Village, Khammam Urban IVlandal, Khammam District, 2) land situated in Sy.No.
302 to an extent of 311.11 Sq.
Khammam Urban Mandal Khammam District, without following KhanaPuram Haveli, due Process of law'
NO:1 t Petition under Section 151 CPC prayl ng that in the circumstances stated IN the affidavit filed in suPPort of the Petition' the High Court maY be pleased to staY all further Proceedings in Pursuant to the imPugned auction notice issued bY the 5th responde nt/ bank authority dt.26 .11 .2021 , in connection With the Public auction going to be held on 29.12.2 021 al 11 .45 a.m' of the mmovable ProPerty Perta rnrng to the guarantor/2nd Peticioner i.e. ' land situatedinl Sy.No.253/C/1 and Sy.No.253/D/l to and extent of 1694 Sq.Yards and 1573 Sq.Yards respectively of Malle m ad ugu Revenue Village' Khammam Urban Mandal, Khamm am District, 2) land situated in SY.No.302 to an extent of 31 1 .11 Sq.Yards of Khanapuram Haveli, Khamm petition am Urban Mandal, Khammam District, Pending disPosal of the main writ Counsel for the Petitioner: SRI' MUMMANENI SRINIVASA RAO Counsel for the Respondent No'1: GP FOR COOPERATIVE SOCIETY Counsel for the Respondent No'2: GP FOR REVENUE CounselfortheRespondentNo.3to5:SRI'P'SRINIVAS(SCFORDCCB) The Court made the following: ORDER
H.N,BI,E SRIJUSTICE anHiNaNo KUMAR SHAVILI W.P.No.36618 of 2021 ORDER:
When the marrer is taken up for hearing, lear.ge4l Standing Counsel appearing for the respondent-Bank submitted that the auction which is scheduled to be held on28,12.2027, is postponed indcfinitely and in view of the same, the cause in the writ petition does not survive for adjudication.
Learrred counsel appearing for the petitioners does not dispute the same.
Recording the said submission made by the learned Standing Counse I appearing for the respondent-Bank, the Writ Pe tition is closed. No costs.
Pe nding mist:cllaneous petitions, if any, shall stand closed' SD/-T.JAYASREE ASSISTANTAEGISTRAR secrffiorrtcen //TRUE COPY// To,
1. One CC to SRl. MUI\iIMANENl SRINIVASA RAO Advocate [OPUC]
2. Two CCs to GP FoR CooPERATIVE SoCIETY ,High Court for the State of Telangana. [OUT] 3.TwoccstoGPFoRREVENUE,HighCourtfortheStateofTelangana.[oUT]
4. one cc to SRI'P.SRINIVAS(SC FOR DCCB)'[OPUC] ':
5. Two CD coPies
6. One spare coPY GB SW
HIGH COURT a DATED:2911212021
ORDER
WP.No.36618 of 2021 /< |\E Sl A 2 4 Jlri! 2022 Jc r-) !
CLOSING THE WP WITHOUT COSTS.