A writ petition challenging the illegal sale notice regarding the petitioner's house property was dismissed as infructuous because the petitioner had already settled the loan and received the original documents.
None, the writ petition was dismissed as infructuous.
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.
I
[3302 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENW FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K. SARATH
WRIT PETITION NO: 34045 OF 2014
Between:
R. Gopal Rao, S/o. Late R. Venkat Rao, aged about 53 yea rs, Occ: Agriculture, R/o. H. No.2-4-1 1, Mahabubabad Warangal District
...PETITIONER
AND
..,RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, theHigh Courtmay be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3'd respondent in issuing the impugned sale notice in Form No. 8 dated NIL in E.P. No. 5'l/2012MG1/GKP andits consequential notice of sale to decree holder/ defaulter in Form No. 9in proposing to conduct auction for the sale of houseproperty of thepetitioner bearingNo. 2-4- 11 at Mahabubabad village and Mandal, Warangal District, scheduleto be heldon 13.11.2014 as illegal, unlaMul, arbitrary aM against theprinciples ofnatural justice and consequently set aside the sale notice by directing the 2nd and 3'd
.. -_-<-:l
,/
respondentstoreleasetheoriginaldocumenttothecustodyofthepetitionersince thepetitioner have alreadypaidthe alleged loan by way of one time settlement
l.A. NO:1 OF20'l P, NO: 42594oF 20 141
PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavitfiled in support of the petition, the High courtmay be pleased To grant of stay ofall further proceedingsin pursuant to the impugned auctionnotice in E.P. No. 5112012issued by the 3rd respondent includingthe stay of the auction of the houseproperty of the petitioner bearingNo 2-4-1 1 at Mahabubabad' Warangal District,pending disposalof main Writ Petition'
Counsel forthe Petitioner:SRI M. DAMODARREDDY
Counsel for theRespondents:GP FOR COOPERATION
The Court madethe following:ORDER
THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.34O45 OF 2014
ORDER:
\ \ This petition is hled questioning the inaction of I the respondent Nos.2 and 3 in not releasing the I original documents to the petitioner despite paying the entire loan amount by way of one time settlement. 2. Today when the matter is taken up for hearing the learned Counsel for respondent No.2 filed a Memo vide USR No.88458 stating that the since the petitioner had remitted the entire loan amount oo 2O.O3.2O17, the respondent No.2 had already handed over the original documents to the petitioner and the loanee has closed the loan account and therefore the cause in the writ petition does not survive and thereby the writ petition has become infructuous.
ll
2
\\
any, shall stand closed.
I
I
SD/.T .J AYASREE R TSTRAR ASSISTANT
I/TRUECOPY/' sEC OFFtCER
To i fl : 33.'i" % t"? U33: IS,:ffi ,SoJ::il?"f1L'Slate ot te t a ns ana' at
Hvderabad[OU ] I a i'i"o"b5-Co'pi.. q+ TJ LS
I I
HIGH COURT
DATED:1 810912024
ORDER
1t{ e s-rA ?6
t
11 0Et 20?4 toz
{i
I
<br>t D-r^,
WP.No.34045 of2014
DISMISSING THEWRIT PETITION AS INFRUCTUOUS
WITHOUT COSTS.
\a-
1r il 2-\4
35'
6
1 issue framed by the court
Whether the writ petition survives when the loan has been settled and documents reverted to the petitioner.
R. Gopal Rao
The State of Telangana
The Regional Manager, Govt. of Telangana, Cooperative Housing Society Federation Ltd.
The Assistant Registrar, A.P. Cooperative Housing Society Federation Limited
The Gruhakalpa Housing Construction Society Limited
K. Sarath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
