Andhra Pradesh High Court - Amravati
M/S Dhanalakshmi Rice Mill vs Union Bank Of India on 28 August, 2020
Bench: C.Praveen Kumar, J. Uma Devi
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) FRIDAY , THE TWENTY EIGHTH DAY OF AUGUST, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR AND THE HONOURABLE MS JUSTICE J. UMA DEVI WRIT PETITION NO: 15285 OF 2020 Between: M/s. Dhanalakshmi Rice Mill, Rep. by its Proprietor, Kolagatla, Venku Reddy, Father Name : Krishna Reddy, Age. 50, Gudur Village and Panchayath, Kakupalli, SPSR Nellore District, A.P. .. Petitioner AND Union Bank of India, Stonehousepet Branch, Nellore, SPSR Nellore District, Rep by its Authorized Officer. ...Respondent
WHEREAS the Petitioner above named through his/her Advocate MARELLA RADHA presented this 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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent bank in proceeding to conduct E- Auction of the property prior sale notice dated 10.8.2020 there by conducting E-Auction Sale on 31.8.2020 of the property Item No. 1 agricultural land admeasuring Ac.1.00(extent of 4840 sq.yards) existing with paddy crop situated in survey in Survey No. 313/1and 3413/4, Gudur Village Grama Panchayath, Kakupalli Bit - Il New, Nellore Rural, SPSR Nellore District as illegal, improper, arbitrary, violaton of Art 44 of the constitution of India and contrary to Sec 31 (i) of the SARFAESI Act, and Security interest (enforcement) Rules 2002 and consequently set aside the prior sale notice dated 10.8.2020 there by conducting E-Auction Sale on 31.8.2020 of the property Item No. 1 agricultural land Ac.1.00(extent of 4840 sq.yards) situated in Survey .No. 313/1 and 313/4, Gudur Village Grama Panchayath, Kakupalli Bit - Il New, Nellore Rural, SPSR Nellore District, its consequential proceedings by directing the respondent to not to interfere with the possession of the property.
AND WHEREAS the High. Court upon perusing the petition and affidavit/memorandum of grounds filed herein and upon hearing the arguments of Smt Marella Radha, Advocate for the Petitioner and of Sri V. Raghu, Standing Counsel who takes notice on behalf of Resondent, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz: .
The Authorized Officer, Union Bank of India, Stonehousepet Branch, Nellore, SPSR Nellore District.
are directed to show cause either appearing in person or through an Advocate as to why in the circumstances set out in the petition and the affidavit/memorandum of grounds filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
|.A NO: 1 OF 2020 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 grant stay of all further proceedings in pursuance to the prior sale notice dated 10.8.2020 there by conducting E-Auction Sale on 31.8.2020 of the property Item No. 1 agricultural land admeasuring Ac.1.00(extent of 4840 sq.yards) existing paddy crop situated in Survey .No. 313/1& 313/4, Gudur Village Grama Panchayath, kakupalli Bit -- \| New, Nellore Rural, SPSR Nellore District and its subsequent proceedings including "apiainecaconsndoonmssasmm & take over the possession of the property, F pass, pending disposal of WP No. 15285 of 2020, on the file of the High Court.
The Court made the following: ORDER Notice before admission.
Sri V.Raghu, learned Standing Counsel, takes notice on behalf of the respondent Bank.
Smt Marella Radha, learned counsel for the petitioner, would submit that out of the three properties which are to be auctioned on 31.8.2020, item No.1 is an agricultural property and as such, the same cannot be auctioned in view of the provisions of the SARFAESI Act.
The same is disputed by Sri V.Raghu, learned Standing Counsel, stating that there is no legal evidence on record to show that it is an agricultural land. He further pleads that this being a disputed question of fact, the same requires adjudication before the Debts Recovery Tribunal.
Be that as it may, having regard to the facts and circumstances, the auction, dated 31.8.2020, shall go on but however, the same shall not be finalized in respect of item No.1 ie., agricultural land of Ac.1-00 cents (extent of 4840 sq.yards) situated in Survey Nos.313/1 & 313 /4, Gudur Village Gram Panchayath, Kakupalli Bit - Il New, Nellore Rural, SPSR Nellore District.
Post on 02.09.2020. .
SD/- B NARSING RAO ASSISTANT REGISTRAR
---- Aras IITRUE COPY!! For ASSISTANT To
4. The Authorized Officer, Union Bank Of India, Stonehousepet Branch, Nellore, SPSR Nellore District. (by RPAD- along with a copy of petition and affidavit)
2. One CC to Smt Marella Radha, Advocate [OPUC
3. One CC Sri V. Raghu, Advocate [OPUC]
4. One spare copy TVR HIGH COURT DATED:28/08/2020 NOTICE BEFORE ADMISSION WP.No.15285 of 2020 POST ON 02.09.2020