Andhra Pradesh High Court - Amravati
Syed Hidayathulla vs The Authorized Officer on 17 July, 2020
Bench: U.Durga Prasad Rao, K Suresh Reddy
uj IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI ~~ (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JULY, _ TWO THOUSAND AND TWENTY :PRESENT: THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO ~ AND THE HON'BLE SRI JUSTICE K.SURESH REDDY WRIT PETITION NO: 18659 OF 2019 Between: Syed Hidayathulla, S/o. Syed Slu Bude, Petitioner AND The Authorized Officer, Canara Bank, Guntur Chandramouli Nagar branch, Mayuri Homes, Chandramouli Nagar, Guntur. Respondent -- Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order, writ or direction more particularly one in the nature of writ of mandamus declaring the inaction on the part of the respondent Bank in not considering the representation submitted by the petitioner dated 11.10.2019 through e-mail for refund of part sale consideration amount paid by the petitioner pursuant to the auction held by the respondent Bank on 26.08.2019 for sale of vacant site admeasuring 302.50 square yards situated at D.No.21/B and 21/B2, near D.No.45-32/16, Near Little Flower School and Chennakesava Towers, Ring Road, ist Line, Vidya Nagar, Guntur in respect of Loan A/c No.2492261010159 of M/s. Perumallu Agro Industries, as illegal, arbitrary and contrary to law, and consequently direct the respondent bank to refund the part sale consideration amount paid by the petitioner pursuant to the auction held by the respondent Bank on 26.08.2019 for sale of vacant site admeasuring 302.50 square yards situated at D.No.21/B and 21/B2, near D.No.45-32/16, Near Little Flower School and Chennakesava Towers, Ring Road, 1* Line, Vidya Nagar, Guntur in respect of Loan A/c No.2492261010159 of M/s. Perumallu Agro Industries IA NO: 1 OF 20197 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass appropriate orders in accordance with law on the representation submitted by the petitioner dated 10.11. 2019 (through e-mail) for refund of part sale consideration amount paid by the petitioner pursuant to the auction held by. the respondent Bank on 26.08.2019 for sale of vacant site admeasuring 302.50 square yards situated at D.No.21/B and 21/B2, near D.No.45-32/16, Near Little Flower School and Chennakesava Towers, Ring Road, 1° Line, Vidya Nagar, Guntur in respect of Loan A/c No.2492261010159 of M/s. Perumallu Agro Industries, Pending disposal of WP 18659 of 2019, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the orders of the High Court, dated 27.11.2019, 17.12.2019, 20.12.2019, 07.01.2020, 30.01.2020, 12.02.2020, 20.02.2020 and 27-02-2020 made herein and upon hearing the arguments of Sri K.V.Simhadri, Advocate for Petitioner and Sri K.Hari Narayana , Advocate for Respondent the Court made the following. -- ORDER:
. ° "Learned counsel for petitioner appeared through video conference. No representation for respondent. Since pleadings are over, post this matter for 'final hearing' after two weeks. Interim order granted earlier is extend for three weeks."- gi M Ramesh Babu ASSISTANT REGISTRAR ITRUE COPY// For ASSISTANT REGISTRAR To, 1 One CCto Sri K.V.Simhadri, Advocate [OPUC] 2 One CC to Sri K.Hari Narayana, Advocate [OPUC] 3 Two spare copies a MM HIGH COURT UDPR, J & KSR, J DATED: 17/07/2020 ORDER WP.No.18659 of 2019 POST THIS MATTER FOR 'FINAL HEARING' AFTER TWO WEEKS INTERIM ORDER EXTENDED