HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.23861 of 2014 Date : 29-10-2014 Between:
Kalapala Anjaneya Vara Prasad .. Petitioner And The Deputy Registrar of Co-operative Societies, Krishna District, Machilipatnam an others Respondents Counsel for petitioner : Sri Ghantasala Udaya Bhaskar Counsel for respondents : Assistant Government Pleader for Co-operation :
The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to declare the action of respondent No.3 in issuing sale notice dated 28-6-2014 seeking to hold auction on 25-8-2014 as illegal and arbitrary.
This Court by order dated 21-8-2014 granted stay of finalisation of the auction while permitting the auction process to go on subject to the petitioner depositing 50% of the due amounts within three weeks. When the case came up for hearing on 9-10-2014, the same was adjourned at the request of the counsel for the petitioner to enable his client to file an affidavit undertaking to pay the balance 50% loan amount within three months. Accordingly, the petitioner has filed an affidavit on 17-10-2014 wherein he has inter alia stated that in pursuance of the interim order of this Court he has deposited Rs.38,626/- by way of demand draft dated 8-9-2014 drawn on State Bank of India, Koduru branch in favour of respondent No.2. Further, he has undertaken in the affidavit that he will pay the remaining balance within three months.
This undertaking of the petitioner is placed on record. The petitioner is permitted to pay the balance debt amount connected with E.P.No.541/2000-2001/RM-VJA pending before respondent No.1. For a period of three months from today, the respondents shall not proceed with the sale of the subject property. If the petitioner pays the balance 50% of the amount within the said period, all further proceedings shall remain closed. Conversely, if such payment is not made by the petitioner, respondent No.3 shall be free to resume the sale process and realise the balance amount by selling the subject property.
Subject to the above directions, the Writ Petition is disposed of. As a sequel to the disposal of the Writ Petition, WPMP No.29899 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 29-10-2014 AM