Andhra Pradesh High Court - Amravati
M/S.Moonlight Poultry Farm vs The Union Bank Of India on 21 June, 2022
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
{SPECIAL ORIGINAL JURISDICTION)
TUESDAY, THE TWENTY FIRST DAY OF JUNE
TWO THOUSAND AND TWENTY TWO |
(PRESENT:
THE HONOURASLE SRI JUSTICE C, PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAG
WRIT PETITRON NO: 19880 OF 2022
Seiween: .
1. Mis. Moonlight Pou try Farm, Repl, by ffs Prop., Mrs. Khazi Rasheeda, Wino Syed
-- Haebeebulah, Aged sbout 58 years, Oce: Prapriefor, Rfo D.No. 3-19-0, Railway
Station Raad, Hindupur, Anantapur District, Andhra Pradesh.
Syed Habeebuliah, Sfo Syed Yousuf Sab, Aged 82 years, Gee: Business, R/o
O.No.3-16-8, Relway Station Road, Hindgur, Anantapur District, Andhra
Pradesh.
3. Ar. K. Riyagulla, Sfo K. Ameer Hussain, Aged 43 years, Occ Business, Rfo
O.No. 91-53, Railway Station Road, Hindupur, Anartapur UNstrict, Andhra
Pradesh.
fa
Petitioners
AND
The Union Bank t of india, Rept, by ts Chief General Manager Zonal Offies,
DINo, 32-9-17, 3° Floor, Machu Mahalmoni Chambers, Madhu Gardans,
Mogalrajourarm, Vieyawada, Andhra Pradesh,
2 )he Deputy General Manager, Union Bank of India, Regional Office, Did Town,
Anantapur, AP.
The Authorized Officer, Credit Recavery Department, Union Sank of India
Regional Office, Did Town, Anantapur, A. Re
4. Sri J. Abhilash, Ady sacate Commissioner, 0. No.1-1467, Near DPO Office, Rarn
Nagar Extensian, Nearer fo Bypass, Anantapur, AP
ood.
he
Respondents
Petition under Artie 228 of the Consiiufien of India praying that in the
cirquimetances stated in the affidavit fled therewith, the High Court may be pleased fo
iasue a Wri more particularly ane in the nature of Mandamus,
a) To declare the s-auction daiad 24472-20287 with respect fo Non-Agricultural Land
admeasuring Ac. 17.56 Cents In Sy. Nos: 7.1, 1.9, 2.4, & 10.4 sfuated at Mydgolam
Village, Lepaksh! Mandal, Hincpur, AP in pursuanos fo nollos issued under Sec 15 (2)
SARFAES! Act for recovery of Rs. 2.45.86, 980.68 (Rupses Two Crore Forly Five
Lakhs Eighty Sb Thousand Elght Hundred Eight Palisa Sixty Six Only} contrary fo the
final order dated 21-04-2028 passed in WLP No 3888 of 2022 passed by this Hon'ble
High court, contrary to the intern arder dated 23-02-2022 pas seed in LA No. 4 of 2022
in WP No. 3988 of 2022 passed by this. Hon'ble High Court as highly Hagal, arbitrary,
ultra-virus, void and violation of petifioner's fundernental right, against principle of
natural justice, in vidlatinn of Section 13 (8) of SARFAES! Act, Violation of Anicle 14
and 21 of the Constitution of india,
b} To declare the action of resgondent No.4 in issuing undaled Notice Memeo for
execution of warrant as highly Megal, arbitrary, ulffa-virua, void and violaiien of |
petitioner's fundamental right, against princinie of natural justice, In violation of Section
TRB) of SARFAES] Act, Violation of Aricie 14 and 27 of the Constitution of Indie in
consequence direct the respondent Naot not io: een warrant wilh respect fo Nan-
Agricultural Land adrneasuring Ac. 17.88 Cents in Sy. Noe. 1.4, 1.6, 2.1, & 10.7 situated
ai Mydgalam Vilage, Lepakshi Mandal Hincdpur, AP.
IA NO 1 OF 2022
Petition under Section 191 CPC praying that in the circurnstances stefed in the
affidavit fled in support of the writ pefifion, tha High Courl may be pleased to direct the
respondents herein not to dispossess petitioners from peaceful possession and
enjoyr ment over Nor-Agricultural Land admeasuring Ac. 17.56 Cente in Sy. Nes. 4,
15, 2.7, & 14 situated at Mycoolam Vil lage, Lapaksh Mandal Bin ndour, AP by
execuling warrant date Qo PPS-20 ssued vice onder daied Y?-Qe- 2029 passed an
GrLNLP No. 43/2023 f passed by senicr Chil Judge, Anatapir pending
disposal of WP 18580 of 2022, on the fle of the High Court,
IA NO: OF 2022
Petvon uncer Sectian - a1 CRC praying that in the circumstances stated in the
alidiavil Med in suppert of the writ; 2, the HI a Court may be pleased fo stay all
further proosedings pu seuance te Section 13 (4) nohes dated G1-18-2021 uncer the
provisions of Sscuriization and Reoonstruntion of F "nancial Assets and Erfornernent of
secunly interest Act 2002, pending dissosal of WP 15580 of 2 O22, on the fe of the
High Court.
The patition coming on for hearing, upon perus ing the Peftion and the affidavit
Hed in Support therso? and arder of ihe High Court dated 02.08 2022 made herein and
upon hearing the arguments of Mis. isar Ahmed Baig Nivarn, Advocate for the
Petitioners, M/s. Dyurani, Standi ngel for Respondent Nos.1 to 3 and SH
Abhishek, Standing Counsel for Resno sndient No.4, the Court made the follawing:
ws
ORDER:
Kis represented that a connected matter to this Writ Petition is Nsted an 30.08.2022, Hence, Het this matter along with W.P.No. 18632 of 2022 on 30.06.2082. x Registry is directed te print the name of Ms. Y. Dyurmanl, learned Stancling Gaunsal for the raspancdent-Sank In the Cause List, 3 Meanwhile, Ms. ¥. Dyuman! shall get mecagsary instructions, Loarned counsel for the Yoners shall also fake steps to serve notices on the unofficial respondent, inferim Order granted earlier ig oxtended by fvo 2) weeks, Sil. K. SRINIVASA RAJU ASSISTANT REGISTRAR PYROS COPY Se For ASSISTANT REGISTRAR Ta, a, One OC to Mis. Mirsa Nisar Ahn One (6 to Sx. Abhishek, Standing Counse! fOPUC} One OC to Mis. Dyuman!, Standing Counsel! PRQRUCS The Section Officer, Wr RDB Section) High Court of A.P at Amaravatl (OUT) Q. Two spare copies
7. Baig Nizar, Advocate [OPUC] Bu tes ND ot FYR no HIGH COURT CPKJ & TRRJ DATED 21/00/2022 ORDER MOST THE MATTER ON 30.06.2022 < « & 9 ER pene mer det. n airag add SP plo. (Seren wo Vv be sf WP No 15880 of 2022 INTERIM STAY EXTENDED oy
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