The Division Bench held that the writ petition seeking to declare an auction illegal and setting it aside should be decided by the appropriate forum. The court dismissed the petition but permitted the petitioner to approach the correct authority.
Writ petition dismissed with liberty to approach the appropriate forum for redressal of grievance.
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THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION NO. 35220 2012
DATED: 14.11.2012
Between: Smt. G. Rajyalakshmi … Petitioner And The Chief Manager, Indian Overseas Bank, Basheerbagh branch, Hyderabad.
… Respondent
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO. 35220 OF 2012 ORDER: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
This writ petition is filed seeking a writ of mandamus declaring the action of the respondent in conducting the auction sale dated 10.10.2012 and the auction notification dated 05.09.2012 as illegal, arbitrary and against Article 21 of the Constitution of India and to set aside the said auction sale dated 10.10.2012 with a direction to the respondent to conduct re-auction for the house bearing Flat No.309, 2nd floor, Nagilla towers, H.No.1-11-112, Shyamlal Building, Begumpet, Hyderabad in the presence of the petitioner.
Having heard the learned counsel for the petitioners and learned Standing Counsel for the respondent-Bank, prima facie, we are of the opinion that the relief sought before us cannot be granted by this Court, as the same should be decided by the appropriate forum. Hence, we permit the petitioner to apply before the appropriate forum for redressal of his grievance.
Accordingly, the writ petition is dismissed, except giving liberty to the petitioner to approach the appropriate forum for redressal of his grievance. No costs.
__________________________ PINAKI CHANDRA GHOSE, ACJ
VILAS V. AFZULPURKAR, J 14.11.2012 kv
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE
AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
W.P. NO.35220 OF 2012
___________________________________________________ (Order of the Division Bench delivered by the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
14 .11.2012
1 issue framed by the court
Whether the High Court can directly declare an auction sale illegal and set it aside instead of directing the petitioner to approach the appropriate forum.
Smt. G. Rajyalakshmi
The Chief Manager, Indian Overseas Bank, Basheerbagh branch, Hyderabad
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
