Sri.Katturi Gangadhar v. State Bank of India

Court: High Court for State of Telangana

Bench: A.RAJASHEKER REDDY,K.LAKSHMAN

Judgment date: 2020-09-04

Case summary

High Court for State of Telangana judgment dated 2020-09-04. Sri.Katturi Gangadhar v. State Bank of India. Read the judgment and case details on LawSphereX.

Judgment text

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND THE HON'BLE SRI JUSTICE K, LAKSHMAN WRIT PETITION NO: 14751 OF 2020 Between: Sri. Katturi Gangadhar, S/o. Katturi Sudarshan, Aged 60 years, Occ. Business, H. No. 4-3-711412, Dwaraka Nagar, Adilabad, Adilabad lVandal and District, Telangana State-504 001 . ... PETITIONER AND State Bank of lndia, Rep. by its Authorized Officer, Stressed Assets Recovery Branch (SARB-ll), H. No. 1-8-563/1, 1"'Floor, Opp: Sandya Theatre, RTC X Roads, chikkadpallv' Hvderabad-2. ' ... RES'.

NDENT Petition under Adicle 226 of 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 nature of WRIT OF TVANDAIVUS declaring the action of the Respondent in issuing the E-auction Nolice dated 0310812020 under SARFAESI Act, 2002 conducting E-auction on 0510912020 against the properties (1) Open place relating 1o H. No. 5-7-2012, measuring 203. 11 Sq. Yds. or 169. 89 Sq. lt4trs. , situated in Ward No. 6, Block No. 7, Bukthapur, Adilabad District within the limits of tVunicipality, Adilabad, standing in the name of Sri. Katturi Gangadhar S/o. K. Sudarshan, Gift Settlement Deed Doct. No. 1075/2003 d1. 151412003, bounded by North: Remaining Open Space of Dono, South: Road, East: House of Kannayalal,-West: House of Praneet Reddy and Shruthi (2) Open Plot No. 164 in Sy. No. 15/A, admeasuring 222. 20 Sq. Yds.

(40x50= 2000 Sft) and open space without number measuring 20x40=800 Sft of 88. B Sq. Yds. in Sy. BNo. l5lA, within one four boundaries, situated at Khanapur Village, Anukunta l\/andal, Adilabad District Standing in the name of Sri. Katturi Gangadhar S/o. K. Sudarshan, Registered Sale Deed Doct. No. 74612003 dated 10/3/2003, and bounded by North: Plot No. 152, South: Road, East: Plot No. 165, West: Road (3) Open plot No. '165 in Sy,No,15/A, admeasuring 222. 20 Sq. Yds. (40x50=2000 Sft) and open space without number measuring 20x40=800 Sft of 88. 8 Sq. Yds. in Sy. No. 15/A, within one four boundaries, situated at Khanapur Village, Anukunta lvlandal, Adilabad District Standing rn the name of Smt. Katturi Jayasree W/o. Katturi Gangadhar, Registered Sale Deed Doct. no. 7 4712003 dated 101312003 bounded by North: Plot No. 153, South: Road, East: Road, West: Plot No. 164 (4) Open Plot No. 12 in Sy. No. '1 3, admeasuring 200 Sq. Yds. (30x50=1500 Sft) or 167. 227 Sq. l\iltrs.

sttuated, at Dasanpur Village, Mavala I\/andal, Adilabad District, Standing in the name of Sri. Katturi Gangadhar S/o. K. Sudarshan, Gift Settlement Deed Doct. No. 107412003 dt. 151412003, bounded by No(h: Plot No. 11, South: Plot No. 13, East: Road, West: Plot No. 6 and (5) Open Plot No. 13 in Sy. No. '13, admeasuring 200 Sq. Yds. (30x60=1800 Sft. ) or 167. 227 Sq. Yds. situated at Dasanpur village, lr,4avala Mandal, Adilabad District, standing in the name of Sri. Katturi Gangadhar S/o. K. Sudarshan vide Regd. Gift Settlement Deed Doct. No. 144011982 dated 9. 8. 1982, bounded by North. Plot No. 12, South Plot No. 14, East. Road, West. Plot No.

7, under the SARFEASI Act is illegal, arbitrary, violation of Principles of Natural Justice and-violation of Fundamental Rig hts guaranteed Under the Constitution of lndia and contrary to the provisions of SARFAESI Act and set-aside the same and consequently direct the respondent not to d ispo ssess/interfe re with the peaceful possession of the petitroners property from the above said premises. lA NO: 1 OF 2020 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in issuing the e-auction Notice dated 03. 08. 2020 under SARF'AESI Act, 2002 conducting E-auction on O. 9. 09. 2020 against the properties (1) Open place relating to H. No. 5-7-2012, measuring 203. 11 Sq. Yds. or 169. 89 Sq. Mtrs. , situated in Ward No. 6, Block No. 7, Bukthapur, Adilabad District within the limits of Municipality, Adilabad, standing in the name of Sri. Katturi Gangadhar S/o.

K. Sudarshan, Gift Settlement Deed Doct. No. 1O75l2O03 dt. 15. 4. 2003, bounded by North: Remaining Open Space of Dono, South: Road, East: House of Kannayalal, West: House of Praneet Reddy and Shruthi (2) Open Plot No. 164 in Sy. No. 15/A, admeasurlng 222. 20 Sq. Yds. (40x50=2000 Sft) and open space wrthout number measuring 20x40=800 Sft of 88. 8 Sq. Yds. in Sy BNo. 15/A, within one four <- 3 -boundaries, situated at Khanapur Village,' Anukunta Mandal, Adilaba District Standing in the name of Sri. katturi Gangadhar S/o. K. Sudarshan, Registered Sale Deed Doct. No. 7 4612003 dated '10/3/2003, and bounded by North: Plot No. 152, South: Road, East: Plot No. 165, West: Road (3) Open plot No. 165 in Sy. No. 15/A, admeasuring 222. 20 Sq. Yds. (40x50=2000 Sft) and open space without number measuring 20x40=800 Sft of 88. 8 Sq. Yds. in Sy. No. 15/A, within one four boundaries, situated at Khanapur Village, Anukunta I\,4andal, Adilaba District Standing in the name of Smt. Katturi Jayasree W/o.

Katturi Gangadhar, Registered Sale Deed Docl. no. 7 4712003 dated 101312003 bounded by North: Plot No. 153, South: Road, East: Road, West: Plot No 164 (4) Open Plot No. 12 in Sy. No. 13, admeasuring 200 Sq. Yds. (30x50=1500 Sll) or 167. 227 Sq. Mtrs. situated at Dasanpur Village, l\4avala lr/andal, Adilabad District, Standing in the name of Sri. Katturi Gangadhar S/o. K. Sudarshan, Gift Settlement Deed Doct. No. 107412003 dt. 151412003, bounded by North: Plot No. '1 1, South: Plot No. 13, East: Road, West: Plot No. 6 and (5) Open Plot No. 13 in. Sy. No. 13, admeasuring 200 Sq. Yds. (30x60=1800 Sft. ) or 167. 227 Sq. Yds. situated at Dasanpur village, Mavala [\/andal, Adilabad District, standing in the name of Sri. Katturi Gangadhar S/o. K. Sudarshan vide Regd. Gift Settlement Deed Doct. No. 1440/1982 dated 9/8/1982, bounded by North: Plot No. '12, South: Plot No,14, East: Road, West: Plot No. 7, till disposal of main Writ Petition. Counsel for the Petitioner: SRl.

NAGESHWAR RAO PUJARI Counsel for the Respondent: SRI M. SRIKANTH REDDY, SC FOR SBI The Court made the following: ORDER HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND HON,BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 14751 OF 2O2O ORDER: er Hon'ble Sn Justice A. Ra asheker Redd Heard Sri Nageshwar Rao Pujara, learned counsel for the petitioner and Sri M. Srikanth Reddy, learned Standing Counsel for the respondent Bank. Learned counsel for the petitioner seeks permission of this Court to u,ithdranv the u'rit petition. ,Recording the aforesaid submission of the learned counsel for thr: petitioners, the Writ Petition is dismissed as ',r,ithcirau,n There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if anr,, pending shall stand closed. SD/. I. NAGALAKSHMI ASSISTANT REGFfRAR ,TRUE COPY/I \// SECTION OFFICER To, 1 One CC to Sri Nageshwar Rao Pujari Advocate OPUCI l 2 One CC to Sri.

lV, Srikanth Reddy, SC FOR SBI oPUCI 3 Two CD Copies CHR HIGH COURT DATED:0410912020 o o 09 sEP2020 ? ,TJ : {, ORDER W. P. No. 14751 of 2020 DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS w

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.