The petitioner challenged the bank's recovery from his savings account and pension under Article 226. The court held the dispute was civil in nature and the writ petition was infructuous.
Petition dismissed as infructuous. No order as to costs.
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 THESTATEOF TELANGANA AT HYDERABAD
(Spec ial Original J urisd iction)
I,4ONDAY. THE SEVENTH DAYOF FEBRUARY TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE DT. JUSTICESHAMEEM AKTHER
WRIT PETITION NO: 2708 OF 2010
Between:
T. Prakasa Rao, S/o. T.Appa Rao, aged 72 years, Retired BankEmploye-e,Fl/o C/o' cbvinoi nao,-itG 463, Sii RaghbviResid6ncv,Green Park Enclave, Dr. A.S.Rao Nagar, ECIL, Hyderabad-500062.
.,.pETtTtoNER
AND
...RES'ONDENTS
Pelition under Article 226 of theConstitutionof lndia praying that in the circumstances statedin the affidavitfiled therewith,the High courtmay be pleasedto calt for therecords pertainingto the statement of Accountof credit cardbearingNo. 5420860010241030 ano thJStatementof Accounts from 01-01'1992to 1-3-2006of SBA/cNo.T2ggfromtheRespondentsandissueaWrit,orderordirectionmore particularly one in the nature of Writof l,4andamusdeclaring the actionof the ilespondents in recoveringalleged due amount under the Credit Card from theSB Account of thepetitioner aiitlegal, improper, arbitrary and vioaltive of Articles 14 and 21 of the constitutionandconsequentlydirect the respondentsto pay the entire recovered amount alongwith monthly pension regularly to the petitioner
WPMP. N 3 87 0F
petition under section 151 cPC praying that in the circumstances statedin the affidavit filed in support ofthe petition,the High courtmay be pleased directthe Respondent No.1 Bank toreleasethe balanceamounl lying in the SavingsBank AccountsNo.ol/7299he|dbythepetitioneralongwithmonthlyregularpension, pending disposal of the Writ Petition
Counsel for the Petitioner: SRI T'DAMODAR
Counsel for the Respondents: SRIS.UDAYACHALA RAO AND SRI MUJIB KUMAR
The Court madethe following:ORDER
THE HON.BLEDT. JUSTICESHAMEEM AKTHER
WRIT PETITION No.2708OF 201o
ORDER:
Learned counsel for thepetitioner would submitthat the subject dispute is civilin natureand presently, the causein the Writ Petition does not survivefor adjudication
Miscellaneous Petitions, if any,pendingin this Writ Petition
shall stand closed. There shall beno order as to costs.
i
<br>
To
//TRUE COPY//
SD/.K.AM MAJ I ASSISTANT REGISTRAR
€"
SECTION OFFICER
- One CC to Sri T.Damodar, Advocate IOPUC] 2.3. Two One CC D C Copiesto Sri S.Udayachala Rao, anit Sri uL;iU Kumar, Advocates [OpUC] 4. One S pare Copy Kj
S ker
HIGH COURT
DATED:07/0212022
1\ rE sTAi€ oi
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ORDER
WP.No.2708 of 2010
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS.
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2 issues framed by the court
Whether the writ petition regarding recovery from bank account and pension is maintainable.
Whether the dispute is civil in nature and does not exist for adjudication in writ jurisdiction.
2 provisions across 2 enactments
T. Prakasa Rao
The Branch Manager, Andhra Bank
Assistant General Manager, Andhra Bank
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
