HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.26863 of 2014 Date: 15.9.2014 Between :
T.Subramanyam S/o Venkata Subbaiah Naiudupeta mandal, SPSR Nellore district and others and State Bank of India, Naidupeta ADB branch, SPSR Nellore district Rep by its Authorized Officer and others … Petitioner … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.26863 of 2014 ORDER :
Claim of the petitioners is that they are agricultural farmers and producing paddy and 980 bags of paddy belonging to them was stored at M/s Bhavani Modern Rice Mill and Decorticator/third respondent herein. The third respondent obtained loan from State Bank of India and since it became defaulter, proceedings under SARFEASI Act were initiated and possession of premises of third respondent mill was taken by the respondent bank. Now the third respondent mill is in custody and possession of respondent bank and the paddy of the petitioners stored in the said mill is not released in spite of several requests made to the respondent bank. The paddy stored in the third respondent mill does not belong to the owner of the third respondent mill and petitioners kept the paddy in the third respondent mill for the purpose of drying and to sell the paddy at appropriate time. The owner of the third respondent mill also gave a representation to the respondent bank informing the bank that petitioners are owners of the paddy stored in the premises of the third respondent mill and the same may be released. In spite of the said request also, paddy is not released to the petitioners and it is being exposed to open air and same is getting damaged, causing huge loss to petitioners.
On instructions learned standing counsel for respondent bank submits that respondent bank has no objection to release the paddy, but since the respondent bank is unaware as to who is owner of the said paddy and without ascertaining the ownership, if the paddy is released, it would cause difficulties to the respondent bank since the premises of third respondent mill is in its possession.
Having regard to the above submissions, petitioners are directed to obtain ‘no objection certificate’ from the owner of the third respondent mill and produce the same to the respondent bank and on such production, the respondent bank shall release the paddy to the respective petitioners. No costs.
Subject to above direction, the writ petition is disposed of. No costs.
Sequel to the same, miscellaneous petitions, if any stand dismissed.
P NAVEEN RAO,J DATE:15.9.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.26863 of 2014 Date: 15.9.2014