Dismissed

Shikari Mangamma v. The Debts Recoery Tribunal-2

Telangana HC11 Aug 2021WP/7740/2021

Case brief

AI extract

What is this about?

The High Court of Telangana dismissed a writ petition challenging a sale proclamation of agricultural land as infructuous. The Court found the cause of action did not survive because the bank submitted that the auction had not been finalized due to the unsuccessful bidder failing to deposit the amount, regardless of the prior stay order.

What did the court decide?

The writ petition was dismissed as infructuous without costs.

Shikari Mangamma Vs The Debts Recoery… — Pension and Retirement Benefits | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND

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THE HON,BLE DT, JUSTICE SHAMEEM AKTHER

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WRIT PETITION NO: 7740 OF 2021

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Between:

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Shikari lt4angamma, W/o. Late Danraj Yadav, Age 55 years, Occ. House Wife, R/o. H. No. 672lA, Sadar Bazar, Bollaram, Secunderabad-sO0 010

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.,.PETITIONER

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AND

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The Debts Recovery Tribunal-2, Hyderabad, Abids, Hyderabad.

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Union Bank of lndia, (Erstwhile Andhra Bank) Hitech City Branch, Cyber Towers, Madhapur, Hyderabad. Rep by its branch manager

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The Authorized Officer cum Chief lvlanager, Union Bank of lndia (Erstwhile Andhra Bank), Hitech City Branch, Cyber Towers, Madhapur, Hyderabad.

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lttaboiena Balaiah Yadav, (died) Respondents 4 to 10 are L.Rs. 5. Manney Hemavathi, Wo lvl. It4ahennder Yadav, Aged about 37 years, Occ. Household, Fiio H No SRT 39, Sanjeev Reddy Nagar, Ameerpet, Hyderabad.

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lttaboiena Shanthamma,, W/o. Balaiah Yadav, Age 60 years,0cc. Housewife, R/o. H. No. 672, Sadar Bazar, Bollaram, Secunderabad-s0O 010.

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lttaboiena Raj Kumar Yadav, S/o. Balaiah Yadav, Age 36 years, Occ. Pvt. Employee,R/o. H. No. 672, Sadar Bazar, Bollaram, Secundera bad-500 0'10.

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Banda Vara Laxmi, Banda Vara Laxmi, W/o. B. Krishna Yadav, Age 43 years, 0cc. Business, Fi/o. H. No. 672, Sadar Bazar, Bollaram, Secu nderabad-sOO 010.

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Thimmani Shobha Rani, W/o. T. Prakash Yadav, Age 41 years, Occ. Pvt. Business, Rl/o. H. No. 1-7-1142, Srinivas Nagar Colony, Temple Alwal, Secunderabad-500 010.

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10.Kondi Sharadha, W/o. K. Ganesh Yadav, Age 39 years, Occ. House wife, Fyo. H. No. 1-7-1142, Srinivas Nagar Colony, Temple Alwal, Secunderabad-500 0'10.

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Potel Shyamala, W/o. P. Dhanveer Yadav, Age 34 years, Occ. Household, R/o. H. No. 168/3 RT, Vijaya Nagar Colony, Hyderabad-SO0 057.

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12.T. Sree l,4aha Laxmi, W/o. Srinivas Yadav, Age 42 yearc, Occ. General Secretary, Founder and Trustee for Ritkrithi l,4ahila lvlandali, Fi"/o. H. No. 1-71/42, Srinivas Nagar Colony, Temple Alwal, Secu ndera bad-500 01 0.

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Srikanth, S/o. J.E. Pandurangam, Aged 44 Years, Occ, Business, R/o. H. No. 1- 7-1l42, Srinivas Nagar Colony, Temple Alwal, Secunderabad-S00 010.

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14.Srinivas, S/o. J.E. Pandurangam, Aged 48 Years, Occ. Business, R/o. H. No. 1- 7-1142, S,tnivas Nagar Colony, Temple Alwal, Secund erabad-SOO 010.

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Maharashtra Apex Corporation Ltd., Vasavi Towers, Il Floor, 3-6-98, West lr/ared Pally, Ir,4ain Road, Secunderabad.

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16.It/is. ISCKON Hare Krishna Land, Hyderabad, Hare Krishna Land, Abids, Nampally Station Road, Hyderabad, rep. by its President Sri Vatsa Das, Sio. Ayodhya Prasad, aged 59 years, R/o. Hare Krishna Land, Abids, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of certiorari to call for records in RP.NO. 276412017, date, 1910212021 trom the 1st

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respondent^pertaining to^{Proclamation of sale under Rules 38, 52(2) of Second} Schedule to the lncome^{Act,1961 readwith Recoveryof debts due to banks and} financial institutions Act,^{informingabout the sale and Auc:ion NoticeDated} 1gto2l2o21 issued under Rules^{38, 52(2) oI Second schedule:o the lncome Act,} 1961 read with Recovery^{of Debts due to Banks and Financiallnititutions Act, 1993} in respect of Agricultural Land^{admeasuringAC 12.16 in sy nos 326/A and 328/A,} Agricultural Land Admeasuring^{Ac 5.48 in sy nos. 326,329,330, AgriculturalLand} Admeasuring Ac 5.07 in sy no.^{3271A andAgricultural Land AdmeasuringAc 7.28.5} in sy no.325 situated at Kallakal^{Village, Toopran Mandal,Melak Districtand to} quash the same as being illegal, arbitrary, violative of the^{provisions of the} Securitization and Reconstruction^{of FinancialAssets andEnforcementof Security} lnterest Act , 2OO2 and the rules^{made there under and contraryto Article 19 (3), 21} and 300-A of the constitution of lndia^{and that too inspite of stay order of this} Honorable Court in WPII/P.No.^2424012016 in^{W.P.No. 19728 oI2016,} dale.2110612016 and existence of the said^orders

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lA NO: 1 OF 2021

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Petition under Section 151 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^petition, the^{High Court rnay be pleasedto} dispense with the filing of original certified copy of the^{RP.IJO.276412017, dt.} 1910212021 pertaining to Proclamation of sale under Rules 3U, 52(2) of Second Schedule to the lncome Act, 1961 read with Recovery of debt:; due to banks and financial institutions Act, 1993 informing about the sale and Auction Notice Dated 1910212021 issued under the^provisions of the Securitization^an I Reconstruction of Financial Assets and Enforcement or Security lnterest Aot,ll002 and the rules made there under before this Hon'ble Court

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lA, NO: 2 OF 2021

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Petition under Section 151 CPC praying that in the circL mstances stated in the affidavit filed in support of the petition, the High Court may br: pleased to stay all further proceedings in RP.NO. 276412017, dl. 1910212021 of the 1st respondent pertaining to Proclamation of sale under Rules 38, 52(2) of Second Schedule to the lncome Act, 1961 read with Recovery of debts due to b,enks and financial

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institutions Act, 1993 informing about the^{sale and Auction Notice Dated19-02-2021} issued under the^provisions of^{the Securitization and Reconstructionof Financial} Assets and Enforcement of^{SecuritylnterestAct} ,2002^{and the rules made there} under pending disposal^{of the abovewrit petition}

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lA NO: 3 OF 2021

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Petition under Section 151^{CPC prayingthat in the circumstancesstated in} the affidavit filed in support of^{the petition, the High Courtmaybe pleasedto receive} the copy of affidavit in w.P.^{No 19728of 2016 copies of pattedar pass book and} copy of Notice of^{postponementof E Auction as additional material papers for} appreciation of this Hon'ble^Court

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Gounsel for the Petitioner:^{SRl. C HANUMANTHA RAO}

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Counsel for Respondent^{No. 1: SMTV.DYUMANI}

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The Court made the following:^ORDER

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HON'BLE SRI JUSTICE A.RAJASHEKEFI REDDY AND HON'BLE DR. JUSTICE SHAMEEM AKIHER

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Writ Petition No.774O OF 2O2L

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ORDER:(per Hon'ble Si Justice A.Ra ials heker Reddit)

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Sri V.Dyrmani, learned Standing Cr>unsel for respondent Bank submits that though aultion took place, the successful bidder has not depcsited the balance amount within time, S such, tL.e auction could not be finalised. She further submits that the auction purchaser filed application bef<rre Debts Recovery Tribunal for refund of the amount, as such, the cause in the writ petition does not survivr:.

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Learned Counsel for petitioner submits that the writ petition can be closed by recording thr, aforesaid submission of the learned Standing counsel,

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In view of the statement made by learned Standing Counsei, the cause in the writ pe.-ition does not survive for adjudication

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Accordingly, recording the submission of learned Standing Counsel, the writ petition is disprtsed of as infructuous. However, as and when any auc:ion notice

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is issued by the respondent bank, it is open for the

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petitioner to challenge the same. No order as to costs.

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As a sequel thereto, miscellaneous petitions, if

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any, pending in this writ petition, shall stand closed.

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SD/.K,VENKAIAH ASSISTANT REGISTRAR //TRUE COPY// V

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