HONOURBLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 468 OF 2007 DATED 26TH AUGUST, 2014.
BETWEEN M/s. Harsha Pulvarising Industry, A proprietary concern, rep. By Mr.Dayanand Ch.
….Petitioner and The Managing Director, APIIC, Hyderabad and ors.
….Respondents.
HONOURBLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 468 OF 2007
ORDER:
Heard the learned Counsel for the petitioner and learned Standing Counsel for Respondents 1 to 3.
This Writ Petition was filed seeking a direction to the respondents to register the sale deed in favour of the petitioner concerning Plot Nos. 23 and 24 admeasuring 3.200 meters situate at Industrial estate of Medchal.
The respondents filed counter affidavit stating that on a request of the petitioner, No Objection Certificate was issued to Andhra Pradesh State Financial Corporation (for short ‘APSFC’) on 7.4.1986 for mortgaging the property subject to condition that APSFC should pay the balance land cost along with interest directly to the respondents. The petitioner has not submitted any clearance from APSFC, however, the APSFC in its letter dated 24.4.2006 informed the respondents that consequent upon default committed by the petitioner they have initiated action under Section 29 of State Financial Corporation Act and an advertisement for sale of assets of the unit was published. It was purchased by M/s. Versatek Switchgears Privated Limited for an amount of Rs.7.80 lakhs and the same has been accepted by the APSFC. However, the said purchaser could not run the industry and ultimately it was handed over to M/s Bindu Polymers, fourth respondent herein, who paid the entire amount due to APSFC and APSFC requested for transfer of allotment of plot Nos. 23 and 24 in favour of fourth respondent and register the sale deed in its favour. The allotment was transferred on 1.9.2006 as requested by APSFC by executing agreement of sale on 7.9.2006.
In view of the above subsequent developments after filing the Writ Petition, the relief sought for by the petitioner in the Writ Petition cannot be granted.
In view of the above, the Writ Petition is dismissed. However the petitioner is given liberty to avail the remedies that are left open to him in view of the subsequent developments in the matter.
As a sequel to the disposal of the Writ Petition, miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO Dated 26th August, 2014. Msnro