High Court disposed of a writ petition challenging a bank's sale notice for residential property as infructuous because the scheduled auction failed to attract bidders.
Disposed as infructuous. No live issue survives as the auction failed to materialise for want of bidders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO
PRES E NT
THE HONOURABLE SRI JUSTICE UJJAL BHUYAN AND
THE HONOURABLE SMT JUSTICE P. SREE SUDHA
WRIT PETITION NO: 2603 OF 2022
Between:
Maraboina Ajay Kumar, S/o. M. Nageshwara Rao, Aged 44ygarsrqo]/aq.a Venkatababu, Sio. G.VenkateshwaraRao,Aged 56 years, Both are Fyo. 8-3-228115114, Rahamathnagar, Yousufguda, Hyderabad- 500045)
...pETtTloNER
AND
Union Bank of lndia, Represented byits AuthorisedOfficer,Saifabad Branch, 6-1-67/14, '1st Floor, Opposite DGP Office, Saifabad, Hyderabad -500004.
...RESPONDENT
Petition under Article 226 of the Constitution oflndia praying that in the circumslances stated in the affidavilfiled therewith,the High Court may be pleased to pass order or orders direction more particularly in the nature of Writ of Mandamusor any other appropriate wrat, order bysetting aside theSale notice daled0410112022 which the auction is to be held on 2010112022and tryingto sake physical possession highhandedly and withoutfollowing anyprocedurelaid down in the act as highly illegal, arbitrary, contrary to rules andagainst theprocedure laid down in the act by the respondent bank in respect of All thatthe part and parcel of the property consisting of residentialbuilding allthe house property bearingl,4unicipal No 8-3- 28t1511A, admeasuring 182 sq.yards or152.88 sq.meters situated at Yousufgudda, Hyderabad and bounded by North:houseno.8'3-22811571A,South: 30 feetwide road, East: House no.B-3-2281157|F,West: Houseno.8-3-2281157141F and consequently set asideany otherproceedingsof the respondentas illegal, arbitrary against theprinciplesof natural Justice andunfair.
lA NO: 1 OF 2022
Petition under Section151CPC prayingthat in the circumstances stated in the affidavit filed in support of thepetition, the HighCourt may be pleasedto stay of all further proceedings includingphysical possession, auctionand confirmationof the sale of theproperty inpursuance of theE-AuctionSale notice daled 0410112022 by fixing the auction on 2olo1l2o22by the respondent bankin respectof all thatthe part andparcel of theproperty consistingof residential buildingall the houseproperty bearing MunicipalNo. 8-3-2281151/A, admeasuring182sq.yardsor '152 88 sq meters situated atyousufguda, Hyderabadand bounded by North: Houseno. 8-3-228115714, South: 30 feet wide road,Easl:Houseno.8-3-228l157lF,West:House no8-3- 2281157141F.
2l
lA NO: 2 OF 2022
PetitionUnderSectiohls,lCPCpraylngthatinthecircumstancesstatedinthe affidavit filed insupport of thepetition,theHigh Court maybe pleased to treat the additional affidavit /additional material papersas partandparcelof lhe main writ petition pending disposal theabove writ petition.
Counsel for the Petitioner:Ms. P. YASASWY
Counsel for the Respondent:SMTV. DYUMANI
The Court made the following:ORDER
HONOURABLE SRI JUSTICE UJJAL BHUYAN AND
HONOURABLE SMTJUSTICE P. SREE SUDHA
W.P.No.2603 of 2022
Otdeti 0',:rIIa lr, ',1 lht L'ljttl lrk4tt)
F{eard lv{s. P.Yasaswy, leamed counsel for the petitioners, and
)vls. V.Dyumani, leamed counsel for the respondent.
the sale notice darcd 04.01.2022 did not materialise for want of bidders.
interim application is also disposed of as infructuors.
L.
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HIGHCOURT
DATED:02/0212022
<br>(:-
.)) t I rEB 2022
./
ORDER
W.P.No.2603of 2022
DISPOSINGOF THE WRIT PETITION AS INFRUCTUOUS WITHOUTCOSTS //\uo6"9' t5/ bnt-,a-"V*
Maraboina Ajay Kumar and M. Nageshwara Rao
Union Bank of India
Ujjal Bhuyan
P. Sree Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
