In a writ petition challenging the Collector's disinvestment notice under SARFAESI Act, the petitioner sought withdrawal with liberty to approach the Debt Recovery Tribunal. The court dismissed the petition recording the offer.
Withdrawal of the writ petition recorded with liberty to approach the Debt Recovery Tribunal; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE U. DURGA PRASAD RAO AND THE HONOURABLE MS. JUSTICE J.UMA DEVI
WRIT PETITION No.3019 OF 2021
ORDER : (Per the Hon’ble Sri Justice U. Durga Prasad Rao)
This writ petition is filed seeking to issue a writ of Mandamus declaring the proceedings issued by the 3rd respondent-Collector vide D.Dis.No.01/2021/D3 dated 02.01.2021 with respect to petitioner’s house property as being illegal, arbitrary and contrary to the provisions of SARFAESI Act, 2002 and the Rules made there-under and consequently set aside the proceedings dated 02.01.2021 and to pass such other order or orders.
After arguing the matter for some time, the learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to the petitioner to approach the Debt Recovery Tribunal to initiate the appropriate proceedings against the impugned order dated 02.01.2021, passed by the 3rd respondent-Collector.
Recording the above submission of the learned counsel for the petitioner, the writ petition is dismissed giving liberty to the petitioner to approach the Debt Recovery Tribunal for vindicating his rights. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_____________________________ U. DURGA PRASAD RAO, J
_______________ J.UMA DEVI, J
Date:09.02.2021. Gk
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THE HONOURABLE SRI JUSTICE U. DURGA PRASAD RAO
AND
THE HONOURABLE MS. JUSTICE J.UMA DEVI
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WRIT PETITION No.3019 OF 2021
Date:09.02.2021
Gk
U. DURGA PRASAD RAO
J.UMA DEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
