THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.12099 of 2006 Between:
1. Nimmagadda Suryanarayana (died per LRs 2 to 4) and others.
PETITIONERS AND
1. Special Cadre Deputy Registrar, Officer on Special Duty, District Cooperative Central Bank Limited, Eluru, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the Constitution of India, assails the sale notice dated 11.05.2006 in C.B.C.E.P.No.9918/99-2000, issued by the Special Cadre Deputy Registrar, Officer on Special Duty, District Cooperative Central Bank Limited, Eluru, the 1st respondent herein, whereby and whereunder, the 1st respondent directed sale of petitioners’ land admeasuring Ac.8.60 cents in R.S.No.489.5 of Dharmajigudem Village, Lingapalem Mandal of West Godavari District.
2. Heard Sri Nimmagadda Satyanarayana, learned counsel for the petitioners, Sri. K. Chidambaram, learned Standing Counsel for the 1st respondent-Bank, learned Government Pleader for Cooperation for 2nd respondent and Smt. Bobba Vijayalakshmi, learned Standing Counsel for 3rd respondent-society.
3. This Court on 19.06.2006 while ordering Rule Nisi, passed an interim order in W.P.M.P.No.15052 of 2006 and the same was amended as per the orders dated 20.06.2006.
4. During the course of arguments it is represented by the learned counsel for the petitioners as well as the respondents that in terms of the condition incorporated in the said interim order, the petitioner deposited half of the demanded amount. On instructions it is stated by the learned counsel for the petitioners that the petitioners are ready to deposit the entire amount due to the respondents with interest, in the event of granting some time.
5. The learned Standing counsel for the 3rd respondent- society has produced a calculation sheet showing the amounts due. The balance of amount due as per the said calculation sheet with interest, is Rs.20,200/- till 30.06.2014.
6. The learned counsel for the petitioners on instructions submits that his clients are ready to deposit the said amount and requests two months time for depositing the same with the respondents. This Court considers the said request as reasonable.
7. For the aforesaid reasons and having regard to the nature of controversy, the writ petition is disposed of permitting the petitioners to deposit the entire amount due to the 3rd respondent-society as indicated in the calculation sheet, along with further interest from 01.07.2014 till the date of payment, within a period of two months from the date of receipt of a copy of this order. In the event of failure to pay the said amount, the respondents are at liberty to proceed against the petitioners in accordance with law. No order as to costs. As a sequel, Miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
14th July, 2014 Js.