IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE NINTEENTH DAY OF MARCH TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY WP :37707 of 2013 Between:
1 Akuthota Sudhakar S/o Mallaiah, R/o H.No. 12-3-132/2, Yellam Bazar, Warangal, Warangal District.
2 Akuthota Radha W/o Sudhakar, R/o H.No. 12-3-132/2, Yellam Bazar, Warangal, Warangal District.
. Petitioners AND
1 Bank of Maharashtra, Zonal Office at 4-3-379, 2nd Floor, Bank Street, Koti, Hyderabad-500 001, Rep.by its Authorised Officer.
2 The Branch Manager, Bank of Maharashtra, Branch at Warangal, Warangal District.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed here in the High Court may be pleased to issue a Writ or Direction or an Order which particularly in the nature of WRIT OF MANDAMUS declaring the possession notice issued by the 1st respondent under Section 13(4) of the SARFAESI Act, 2002 which was published in Namasthe Telangana Vernacular Telugu Daily Warangal Edition on 17-12-2013 in respect of the Property of the 2nd petitioner in Plot No.14 in Sy.No.582/B1 situated at Gorrekunta , Warangal, Warangal District is illegal, arbitrary, violative of Article 14 of the Constitution of India, and consequently, direct the respondents not to enforce the said Possession notice;
W.P.M.P.No.46912 OF 2013 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to grant stay of all further proceedings in pursuance of the Possession Notice issued by the Respondents on 17-12-2013 published in Namasthe Telangana Vernacular Telugu Daily, Warangal Edition in respect of the Property of the 2nd petitioner in Plot No.14 in Sy.No. 582/B1 situated at Gorrekunta, Warangal, Warangal District, pending disposal of the Writ Petition No.37707 of 2013 on the file of the High Court.
The petition coming on for hearing and upon perusing the petition and affidavit filed herein and order of the High Court dated 23.12.2013, 29-01-2014 & 05-02-2014 made herein and upon hearing the arguments of SRI A.RAVINDER Advocate for the Petitioners and of Sri K.V. Simhadri, Standing Counsel for the Respondents, the Court made the following:
ORDER:
Counsel for the respondent prays for time.
Post after one week along with WP No.67696 of 2013.
In the meantime, interim orders granted earlier shall continue.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1 One CC to SRI A.RAVINDER Advocate (OPUC).
2 Two spare copies.
Tvr HIGH COURT AMJ & MSMJ DATED: 19-03-2014 NOTE: Post after one week along with WP No.67696 of 2013 W.P.NO. 37707 OF 2013 INTERIM STAY CONTINUE DRAFTED: TVR DATED: 21-03-2014 HIGH COURT AMJ & MSMJ DATED: 19-03-2014 NOTE: Post after one week along with WP No.67696 of 2013 W.P.NO. 37707 OF 2013 INTERIM STAY CONTINUE