Smt. N. Ahalya Vs The State Bank of Hyderabad

THE HON’BLE SRI JUSTICE K.C. BHANU AND THE HON’BLE MRS JUSTICE ANIS

WRIT PETITION No.22450 OF 2014

ORDER:(per Hon’ble Sri Justice K.C.Bhanu)

This Writ Petition is filed under Article 226 of the Constitution of India to declare the auction proceedings issued by the respondents under notification, dated 10.07.2014, to auction the petitioner’s property bearing H.No.10-32 to an extent of 144.00 square yards situated at Ward No.10 at Nallabelli Grampanchayat and Mandal of Warangal District under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’) as illegal and arbitrary.

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2. Learned counsel for the petitioner contended that the auction of the petitioner’s property is going to take place on 12.08.2014, whereas the 3^rd respondent’s secured assets are going to be auctioned on 16.08.2014; that the very object of the enactment is only one property, which can satisfy wiping out of the liability, is to be auctioned; and therefore, she prays to stay the auction notification.

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3. The petitioner has got alternative remedy of appeal available under Section 17 of the SARFAESI Act. It is not the case where the case of the petitioner falls under any one of the three grounds viz., violation of fundamental rights, violation of principles of natural justice and the order passed without jurisdiction.

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4. Therefore, the Writ Petition is dismissed leaving open the remedies available to the petitioner under law. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

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JUSTICE K.C. BHANU

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___________ JUSTICE ANIS

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Date:07.08.2014 INL

Smt. N. Ahalya v. The State Bank of Hyderabad

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Smt. N. Ahalya v. The State Bank of Hyderabad

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