IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTH DAY OF MAY, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE R.SUBHASH REDDY AND THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WP .NO: 13755 of 2014 Between:
1 M/s Sri Anjanadri Modern Rice Mill, Rep. by its Managing Partner Sri. T.V. Seshagiri Rao, Narukuru Road, Nellore-524002, SPSR Nellore District
2 Sri. T.V. Seshagiri Rao S/o Sri. Venkatarathnam Occ: Business, Near RDK Weighing Bridge, Allipuram Village and Panchayath, Nellore Rural Mandal, SPSR Nellore District.
. Petitioners AND M/s Bank of Baroda, Nellore Branch, Rep. by its Authorised Officer-cum- Chief Manager, Nellore, SPSR Nellore District.
. Respondent Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ or order or direction more particularly in the nature of writ of Mandamus, declaring that the measures taken by the Respondent Bank including the orders dt. 07.04.2014 under section 14 of the SARFAESI ACT and taking physical possession of the Rice Mill Unit belonging to the petitioners on 17.04.2014 are illegal, arbitrary, unconstitutional and against the principles of natural justice and also provisions of law and consequently directing the Respondent Bank to handover possession back to the Petitioners.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Ch. Siva Reddy, Advocate for the Petitioners and Sri K. Mallikarjuna Rao, Standing Counsel for the Respondent, the Court made the following ORDER:
Pending further orders, if any third party farmers claim that the paddy seized and stored in the petitioners rice mill, belong to them, it is for the respondent bank to examine the said claim and release the same. Insofar as the remaining stock is concerned, in order to avoid the possible damage, it is open to the respondent bank to sell the same by way of public auction and keep the sale proceeds in a separate account.
Post the Writ Petition after summer vacation, 2014.
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1 The Authorised Officer-cum-Chief Manager, M/s Bank of Baroda, Nellore Branch, Nellore, SPSR Nellore District. (BY RPAD)
2 One CC to Sri Ch. Siva Reddy, Advocate (OPUC)
3 Two spare copies. nnr HIGH COURT RSR,J & MSM,J DATED: 8-5-2014 NOTE: Post after Summer Vacation, 2014 ORDER W.P.NO. 13755 OF 2014 DIRECTION HIGH COURT Nnr Date of Drafting : 8-5-2014 RSR,J & MSM,J DATED: 8-5-2014 NOTE: Post after Summer Vacation, 2014 ORDER W.P.NO. 13755 OF 2014 DIRECTION