This is a writ petition regarding a bank auction that failed due to lack of bidders. The court held it cannot enquire into the nature of subject lands under Article 226. It granted liberty to approach an appropriate forum and disposed of the petition.
Liberty to approach appropriate forum of law if any action is taken in future.
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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI AND THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No.5338 of 2019
ORDER: ( Per Honourable Sri Justice A.V.Sesha Sai)
When the matter is taken up, it is submitted by the learned Standing Counsel for the respondent-Bank that pursuant to the sale notice, dated 11.03.2019, no sale could be conducted by the respondent-Bank authorities due to lack of bidders. Subsequently also, auction notice was issued on 09.08.2019 proposing to hold auction on 18.09.2019 and the same also did not fructify due to lack of bidders.
Counter affidavit deposed by the Branch Manager, Indian Bank, Royalpeta Branch, Chittoor District is filed. Dispute is about the nature of subject lands. No enquiry as to the nature of the land can be undertaken by this Court under Article 226 of the Constitution of India. Therefore, granting liberty to the petitioner to approach appropriate forum of law, if any action is taken in future, the Writ Petition is stands disposed of. There shall be no order as to costs.
Miscellaneous Petitions pending, if any, in the Writ Petition shall stand closed.
_____________________ JUSTICE A.V.SESHA SAI
_____________________ JUSTICE M.GANGA RAO
Dated 06.11.2019 SPR
THE HONOURABLE SRI JUSTICE A.V.SESHA SAI AND THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No.5338 of 2019
Dated 06.11.2019
SPR
1 provisions across 1 enactments
petitioner
respondent-Bank
A.V.Sesha Sai
M.Ganga Rao
As recorded by the court registry
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