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P. Srinivas Reddy v. The State of Telangana

Court: High Court for State of Telangana

Bench: SUREPALLI NANDA

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-04-23. P. Srinivas Reddy v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

132521 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE MRS JUST]CE SUREPALLI NANDA WRIT PETITION NO: 13275 OF 2026 Between: P. Srinivas Reddy, S/o Savaraiah, Aged about 40 years, Occ. Agriculture-cum- Labour, Rl/o Gorlonibai Village, Kothapally Mandal, Narayanpet District. ..... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, for Co-Operative Dept. , Secretariat, Hyderabad. 2. The District Co-Operative Bank Ltd, Mahaboobnagar, Rep. by its Chief Executive Officer. 3. The Joint Registrar Officer on Spl Duty, DCCB, Mahaboobnagar, Mahaboobnagar District. 4. The Dist. Co-Operative Central Bank Ltd, Narayanpet Branch, Narayanpet District. .....

RESPONDENTS Petition Under Article 226 ol the Constitution of lndia 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 a Writ of Mandamus, declaring the auction notice in Form No. 9 dated 24. 03. 2026 issued by Respondent Nos. 2 and 3, scheduling the auction on 24. O4. 2026, as illegal, arbitrary, unjust, and violative of the principles of natural justice, as well as Articles 21 and 3004 of the Constitution of lndia, and consequently set aside the same, and further be pleased to grant reasonable time to the petitioner to repay the outstanding loan amount in suitable installments. |. A. NO:1 OF 2026 Petition Under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the auction notice in Form No. 9 dated 24. 03.

2026 issued by Respondent Nos 2 and 3, including the proposed auction scheduled on 24. 04. 2026 Counsel for the Petitioner : SRI B. SHIVA KUMAR Counsel for the Respondent No. 1 : AGP FOR COOPERATION Counsel for the Respondent Nos. 2 to 4 : - The Court made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION o. L3275 ot 2,J26 DATE: 23. 04. 2O26 BETWEEN : P. Srinivas Reddy Petataoner And The State of Telangana, Co-operative Societies Department Hyderabad & 3 others Respondents ORDER Heard Sri B. Shiva Kumar, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Co-operation, appearing on behalf of the Respondents. 2 The o itioner aoo ached this Court seeki o the Draver as under: "... to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, ST,. , w. P. o. l. 327l ol2o25 declaring the auction notice in Form No. 9 dated 24. 03.

2026 issued by Respondent Nos. 2 and 3, scheduling the auction on 24. 04. 2026, as illegal, arbitrary, unjust, and violative of the principles of natural justice, as well as Articles 21 and 300A of the Constitution of India, and consequently set aside the same. and further be pleased to grant reasonable time to the petitioner to repay the outstanding loan amount in suitable installments, and pass such other order... " 3. The case of the petitioner, in brief, is that the petitioner is the absolute owner and possessor of agricultural land admeasuring Ac. 6. 08 guntas in various survey numbers situated at Gorlonibai Village, Kothapally Mandal, Narayanpet District. The petitioner had availed a NABARD loan of Rs. 4,50,000/- from the respondent bank on 2t. LL. 2OLt for the purchase of buffaloes, which was disbursed in two installments on 01. 03. 2012 and 06. 09. 2012. After purchasing four buffaloes, the petitioner repaid about Rs. 1,00,000/_ in 20L2.

In 2013, due to adverse weather conditions, the buffaloes died, and the petitioner informed the bank, which assured settlement through insurance. Owing to drought, the petitioner migrated for livelihood, believing the loan was 5t{" W. P. llo. 13275 ot 2026 settled. On returning on 09. 04'2026, the petitioner had proposing sale discovered an auction notice dated 24'03'2026 for alleged dues of of his entire land on 24. O4. 2026 had by the same, the petitioner Rs. 3,50,000/-. Aggrieved approached this court by filing the present writ petition' 4 PERU SED THE ECO RD. DI cus ION ND oNc USIO N 5.

The learned counsel appearing on behalf of the petitioner contends that the writ petition could be disposed of by directing the petitioner to submit a representation to the respondents 2 and 3, within a reasonable period and further directing the said respondents 2 and 3 to consider the request of the petitioner for grant of reascnable time to the petitioner to repay the outstanding loan amount in suitable installments' in accordance to law. Pleader appearing 5. Learned Assistant Government on behalf of the respondents does not dispute the said on by the teaned counsel appearing submission made behalf of the Petitioner. W. P. r6. 13275 7.

Takin into consideration: (a) The aforesaid facts and circumstances of case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of respondents, The petitioner is directed to submit representation to the Respondents 2 and 3 herein, within one week from the date of receipt of a copy this order putting forth the pleas as put forth in present urrit petition and upon the petitioner submitting the Representation to the Respondents 2 and 3, Respondents 2 and 3 are directed to consider request of the petitioner for grant of reasonable time repay the outstanding loan amount in suitable installments, in accordance to law, and pass appropriate orders thereon, within the period of weeks thereafter on receipt of the said representation of the petitaoner. Till the above exercise is initiated l I 5nJ w. P. l{o.

13275 0t 2026 concluded by passing appropriate orders on the representation to be submitted by the petitioner, within one week from the date of receipt of a copy of the order as per the directions as issued above, within the time period as stipulated as above, the respondents are directed not to proceed with the auction of the subject property of the petitioner herein that is total land to an extent of Ac. 6. O8 cts. , situated in Sy. Nos. 7l to an extent of Ac. 0. 2O Gts. , Sy. No. 96l2 to an extent of Ac. O. 25 Gts. , Sy. No. 98 to an extent of Ac. 1. 0O Gts. , Sy. No. 98/1 to an extent of Ac. O. 17 Gts. , Sy. No. 98/6 Ac. l. Ol Gts. , Sy. No. LOOIas to an extent of Ac. O. 16 Gts. , Sy. No. L26/eld to an extent of Ac. 0. 24 Gts. , Sy. No. 127le/e to an extent of 1. 05 Gts. With these observations, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any endin in this Writ t Petition, shall stand closed.

ANI SWAMY sD/ \ ASS REGISTRAR //rRUE COPY// G SECTION OFFICER State of To Dept Secretariat' The Principal Secretary for Co-Operative ' 1 Ba1! Ltd' Mahaboobnasar' District co-operative 2. Hstxi:i#Jlt::'3? f;",' Mahaboobnagar' DccB, spi-outv ottii'i''". " J The Joint Registrar District Mahaboobnagar . --, r,^^r, r +. t Naravanoet Branch, Narayanpet ^ Ltd' Naravanp' central Bank 4 i'#'ffii"C;:operative District. I --L . /' 5. Two ccs to GP FoR coopERATroN, High court for the state of rerangana at Hyderabad. [OUT] 1 6. One CC to SRI B. SHIVA KUMAR, Advocate tOpUCj 7. Two CD Copies SA GJP o. * I I I i J I I l I \ C. C. TODAY HIGH COURT DATED: 2310412026 1 c ,lt /-, i |. '1. ,) 'l ) IP fi il ? s . s ''r.. {-nr :. '-1. ORDER WP. No. 13275 oI 2026 DISPOSING OF THE W. P WITHOUT COSTS. . ,r> n-\. oQ (ro' . , d},c v\

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