Court dismissed a writ petition challenging an auction notice by a bank as infructuous, as no representation was filed and another challenge to a fresh notice was pending.
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HON’BLE SRI JUSTICE RAVI NATH TILHARI & HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO.26489 of 2023
ORDER:
Heard learned Government Pleader for Commercial
Tax appearing for the respondents.
Constitution of India has been filed for the following relief:-
“It is therefore prayed that this Hon’ble Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring Form No 7 A Notice of sale of the impugned lands dated 11.09.2023 issued by the Respondent No.2 fixing the date of auction on 10.10.2023 in bringing the properties of Respondents Nos.3 to 5 to sale as mentioned in the FORM 7A issued under Section 36 of the A P Revenue Recovery Act as arbitrary illegal, capricious and violative of principles of natural Justice and against the provisions of Section 26 E of the SARFAESI Act and Section 31 B of the RDB Act and Section 48 of Transfer of Property Act and pass. ”
submits that pursuant to the auction notice dated 11.09.2023, auction could not take place but now fresh notice has been issued fixing the fresh date for auction.
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As a sequel thereto, miscellaneous petitions, if any pending, shall also stand dismissed.
__________________________ RAVI NATH TILHARI, J
__________________ HARINATH.N , J
Date: 15.11.2023 AG
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HON’BLE SRI JUSTICE RAVI NATH TILHARI & HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO.26489 of 2023
Date: 15.11.2023
AG
Petitioner-Bank
Commercial Tax
Ravi Nath Tilhari
Harinath.N
As recorded by the court registry
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