Andhra Pradesh High Court - Amravati
Devarapalli Raveendrudu, vs The Chief Manager, on 6 November, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
APHC010128962024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3455]
(Special Original Jurisdiction)
WEDNESDAY, THE SIXTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
I.A Nos.3 and 4 of 2024
in
WRIT PETITION NO: 6827/2024
Between:
Devarapalli Raveendrudu, ...PETITIONER
AND
The Chief Manager and Others ...RESPONDENT(S)
Counsel for the Petitioner: 1. SAGI SURYANARAYANA RAJU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. The Court made the following:
The petitioner in the above mentioned Interlocutory Applications filed W.P No.6827 of 2024, seeking to declare the proceedings of the 3rd respondent dated 06.04.2023 as illegal, arbitrary, unconstitutional and against the norms of public policy and principles of natural justice and for a consequential direction to respondent Nos.1 and 2 to remove the seizure and handover physical possession of Flat No.504, HNR Empire, Near R & B Guest House, Alakananda Colony, Vizianagaram District to the petitioner.
2. A Division Bench of this Court in which one of us (JS,J) is a member, disposed of the writ petition vide Order dated 19.03.2024, leaving it open to Contd...
NJS,J & JS,J W.P No.6827 of 2024 2 the petitioner to avail the alternative remedy available under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
3. Seeking review of the said order, the petitioner filed I.A No.3 of 2024 and a separate application vide I.A No.4 of 2024, seeking a direction to the respondent officials to handover the utensils including personal belongings and valuables, medical reports, study certificates of the petitioner's children, clothes etc. to the petitioner, pending disposal of the Review Petition.
4. Though, this Court see no grounds for reviewing the order dated 19.03.2024, considering the submissions made that the petitioner is suffering with cancer and the medical records and certificates of his children are in the above mentioned flat, which was seized by the respondent-bank, this Court directed notices in the above applications.
5. On receipt of the notices in the Interlocutory Applications, a memo was filed on behalf of respondent Nos.1 and 2 on 01.10.2024 wherein it was inter alia stated that panchanama was conducted on 24.02.2024, but no medical records, certificates etc., are found. Thereafter, a counter-affidavit was also filed on their behalf, wherein it was inter alia stated as follows:
"...4. The petitioner herein asked for his entire medical records, medicines and households are held up at his house. He also stated that, his daughter's all education books, records, certificates are in the seized house and her hall ticket for APPSC exam held up in the house. Regarding this para, the respondents 1 and 2 are expressed their readiness to give back the above stated items to the petitioner herein if they are located in the house. Hence the respondents went to the schedule property premises for verification of those documents, but it is found that the seized property locked by the petitioner's wife with another lock illegally and also fixed the CC TV cameras in premises of schedule property. The petitioner has intervened in the due process of law illegally and he is liable for prosecution.
5. The Petitioner filed S.A No.518 of 2024 before the Hon'ble Debts Recovery Tribunal at Visakhapatnam and obtained stay order till 15-10-2024 in IA No.3001/2024. On 04/10/2024 the said order was received by the branch through whatsapp sent by petitioner's wife bearing phone no.9491304250. In view of the same the bank has cancel to conduct the auction of the property in due obedience of Hon'ble DRT order. The Petitioner can not ask the same relief simultaneously before 2 courts. Hence this petition is liable to be dismissed on the ground also.
Contd...
NJS,J & JS,J W.P No.6827 of 2024 3
6. Medical reports, education records, Hall tickets are not located in the inventory list. The Petitioner is not sincerely asked those records but only to drag on the matter and to avoid the Public auction for the schedule property..."
6. No reply-affidavit is filed to the counter-affidavit filed on behalf of the respondent-bank, thus the same remain unrebutted.
7. On considering the averments made in the counter-affidavit, it would appear that the petitioner had already approached the Debts Recovery Tribunal in terms of the Order dated 19.03.2024. The Review Petition, therefore, rendered infructuous.
8. Apart from the same, though this Court, in the light of the submission that the petitioner is a cancer patient is inclined to issue appropriate directions to the Bank to handover the medical records, study certificates of the petitioner's children stated to have been in the flat which is seized by the bank, in the light of the specific averments in the counter-affidavit which are not controverted, this Court has no other option, except to dismiss I.A No.4 of 2024.
9. Accordingly, these applications are dismissed. No order as to costs.
__________________________ JUSTICE NINALA JAYASURYA _________________________ JUSTICE SUMATHI JAGADAM Date: 06.11.2024 Ksj