IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.11446 OF 2009 DATED: 15-04-2014 Between:
G. Ramdev Reddy … Petitioner And The Registrar of Cooperative Societies, Nampally, Hyderabad and others ... Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.11446 OF 2009 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) By this writ petition, the petitioner challenges the notification for holding auction of the property on the plea that the notification is bad as no encumbrances have been disclosed in the notification. According to us, for this reason, the auction notification cannot be vitiated as there is no evidence of any encumbrance, as recognized by law. Hence, the challenge fails.
2. We are of the view that no valid ground has been made out in the writ petition to hold that the auction notification is illegal. Accordingly, the writ petition is dismissed. The interim order granted by this Court shall stand vacated. In view of the same, it will be open to the respondents to proceed in accordance with law, as may be advised, duly taking into account the changed circumstances. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 15-04-2014 Svv