Sri Siriki Uday Kiran Vs Union of India

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, order or direction, more particularly one in the nature of a 'Writ of Mandamus' declaring the inaction of Respondent bank in handing over the vacant and peaceful possession of the property bearing Door No. 108 in an extent of 1452 sq. yards in RS No.86/16, Vykuntapuram Village and Panchayat, Burja Mandal, Srikakulam

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District and in not cooperating for registering the sale certificate dated 10-11-2015 issued for the said property despite paying the entire sale consideration as illegal, contrary and unconstitutional and set aside the same and consequentially direct the respondent Bank to forthwith cooperate for registration of the sale certificate and handover the vacant and peaceful possession of the subject property and pass

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IA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondent Bank to forthwith handover the vacant and peaceful possession of the property bearing Door No.108 in an extent of 1452 sq. yards in RS No.86/16, Vykuntapuram Village and Panchayat, Burja Mandal, Srikakulam District, pending the disposal of the writ petition and pass

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Counsel for the Petitioner:

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1.P BADRINATH

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Counsel for the Respondent(S):

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2.T B L MURTHY

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The Court made the following:

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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WRIT PETITION No.1202 of 2024

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ORDER:

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Heard learned counsel for petitioner and learned counsel appearing for respondents.

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The present Writ Petition has been filed seeking the following relief:

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“……to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of respondent bank in handing over the vacant and peaceful possession of the property bearing Door No.108 in an extent of 1452 square yards in RS.No.86/16, Vykuntapuram village and Panchayat, Burja Mandal, Srikakulam District and in not cooperating for registering the sale certificate dated 10.11.2015 issued for the said property despite paying the entire sale consideration as illegal and arbitrary and consequently direct the respondent bank to forthwith cooperate for registration of the sale certificate and handover the vacant and peaceful possession of the subject property.

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It is the case of the petitioner that pursuant to Auction-cumSale Notice dated 28.05.2015 issued by 2^nd respondent, he participated in the auction and has been declared as successful bidder; he paid entire sale consideration and accordingly 2^nd respondent issued interim Certificate dated 30.09.2015 and Certificate of Sale dated 10.11.2015 and assured that vacant

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possession of the property bearing Door No.108 to an extent of 1452 square yards in R.S.No.86/16, Vykuntapuram village and Panchayat, Burja Mandal, Srikakulam District, would be handed over within a few days. Grievance of the petitioner in the present Writ Petition is that 2^nd respondent-Bank authorities are neither handing over possession of the property nor registering the sale certificate dated 10.11.2015 in favour of the petitioner, despite paying the entire sale consideration.

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Counter affidavit has been filed by respondent No.2 stating inter alia that at the time of auction, the property was identifiable but subsequently some nearby features appear to have been altered, and because of the same, it is taking some time for the bank to take appropriate steps under Section 14 of the SARFAESI Act, 2002 and to identify the property with the help of surveyor. It is further stated that respondent No.2 has taken all steps as per law, but handing over of possession though evidenced by the certificate of sale, has created some issues with the petitioner, and as such respondent No.2 requires three months’ time for delivery of possession. It is further stated that in case, for any technical reason, respondent No.2 fails to deliver the possession, it will return the auction purchase amount to the

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petitioner with any reasonable interest not exceeding the present interest rate applicable on savings account.

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To the counter affidavit submitted by the respondent authorities, learned counsel for petitioner submits that the petitioner is willing to take back the amount that has been deposited by him in the bank with reasonable interest.

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Recording the said submission made by the learned counsel for the respondent authorities, the Writ Petition is disposed of, with an observation to the extent that the petitioner is at liberty to take back the amount that has been deposited by him in the bank with reasonable interest. The respondent authorities are directed to return the amount with reasonable interest within a period of three months from the date of receipt of a copy of this order. No order as to costs.

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