Petition challenging auction notice by Telangana SCCL against SBI court held not admissible for merits as auction failed for want of bidders. Writ dismissed leaving issues open.
Writ petition dismissed on the short ground that the auction failed; all issues left open.
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HONOURABLE SRI JUSTICE SANJAY KUMAR AND HONOURABLE SRI JUSTICE P.KESHAVA RAO
WRIT PETITION No.13022 of 2019
ORDER: (per Hon’ble Sri Justice Sanjay Kumar)
This Writ Petition was filed assailing the auction notice dated 06.6.2019 issued by State Bank of India proposing to hold the auction sale of the secured assets on 28.6.2019. The Telangana State Civil Supplies Corporation Limited, Karimnagar, the petitioner, claimed independent rights adverse to the interest of State bank of India in the said secured assets by relying upon the provisions of the A.P. Revenue Recovery Act, 1864.
We are informed by Sri M.Srikanth Reddy, learned counsel for State Bank of India, that the auction held on 28.6.2019 failed for want of bidders.
In the light of this development, as the challenge in this Writ Petition is only to the auction notice dated 06.6.2019 which came to naught due to failure of the auction held on 28.6.2019, we are of the opinion that the cause in this Writ Petition does not survive for consideration on merits.
The Writ Petition is accordingly dismissed on this short ground leaving all issues open.
Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.
________________________ JUSTICE SANJAY KUMAR
________________________ JUSTICE P.KESHAVA RAO
19th July, 2019 dr
2 issues framed by the court
Whether the Writ Petition challenging the auction notice survives for consideration on merits given the failure of the auction.
Whether the petitioner can claim independent rights adverse to the State Bank of India under the A.P. Revenue Recovery Act.
1 provisions across 1 enactments
Telangana State Civil Supplies Corporation Limited, Karimnagar
State Bank of India
Sanjay Kumar
P. Keshava Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
