Writ petition challenging a bank's attempt to take physical possession of property through an advocate commissioner without notice. The petition was permitted to be heard but subsequently dismissed as withdrawn.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
IVONDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND
THE HON'BLE DR. JUSTICE SHAMEEM AKTHER
WRIT PETITION NO: 5604 OF 2020
Between:
Sri K. Pavan Kumar, S/o. K. Narahari, It4/s. K P K Electrical and Plumbing Works, Rep. by its l,4anaging Partner, Aged 33 Years, Occ: Business, Rlo.16-2-741132, Andhra Bank Colony, Near [t/aruthi l,4andir, Gaddiannaram, Ir/alakpet, Hyderabad.
..,PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may bepleased to pass order or orders direction more particularly in the nature of Writ of Mandamus or any other appropriate writ, order by declaring the action of the respondent bankin trying to take physical possession of the scheduleproperty through advocate commissioner without serving any notice in respect of all that the scheduleproperty H.No.16-2-741l32, forming part of Sy.No.31B/1 , admeasuring 170.11 Sq Yards at Andhra Bank Colony, Asmangadh, IVoosarambagh, Hyderabad as illegal, contraryto law and rules and consequently set aside any theproceedings of the respondent No.1 bank as illegal, arbitrary against theprinciples of natural Justice and unfair. lA NO: 1 OF 2020
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may bepleased to stayall further proceedings of the respondent bank including takingphysical possession of the schedule property through Advocate commissioner inpursuance of ordersof CMM, Nampally vide Crlmp No.124 of 2019 being executed by1310312020without serving any notice by the respondent no.1 bank or advocate commissioner. Counsel for the Petitioner: SRl. T. VIJAYA KUMAR
Counsel for the Respondent No.1: SRI R. RAJENDRAPRASAD
Counsel for the Respondent No.2: NONE APPEARED
The Court made the following: ORDER
HON'BLE SII.I JUSTICE A.RAJASHEKER.REDDY AND
HOII'BLE DR,.JUSTTCE SHAMEEM AKTHER
Writ Petition llo.5604 of 2O2O
ORDER:r r Llon ble Sn Ju-srice zl.Rnio sheker Reddu)
Learned. counsei for the petitioner filed letterdated A4.A2.2O,21 irr the Registry, seeking permissicn ol thisCourtto r, :i hdrav.' the writ petition.
Pernlission is accorded and the Writ Petition isdismissedas \'ithdraw:n. Interim orders, if any, granted earlier shallstanci v'..t:et etJ. I'io order as to costs.
Mis,:ellaneous petitions, lf any, pending in this writpetition
shail stard dismissed.
SD/. K.AMMAJI ASSISTANTREGISTRAR //TRUECOPY// ef)
SECTIONOFFICER
To,
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HIGH COURT
DATED:0810212021
1tle 5 rAre
1 B tEB 2021 ),
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ORDER
W.P.No.5604 ot2020
DISMISSING THE WRITPETITION AS WITHDRAWN WITHOUT COSTS
ua$e.a ,\r->l )r 'rLo
Sri K. Pavan Kumar
I Assets Reconstruction company lndia Ltd.
Sri P Vikram Polkam
A. RAJASHEKER REDDY
SHAMEEM AKTHER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
