WP/24084/2001 of A.P.Vardhaman Mahila Co-operative Urban Bank Limited, Vs Co-operative Sub-Registrar/ Sale Officer, on 29 December 2006

ORAL ORDER:

This writ petition is filed seeking a Mandamus declaring theaction of the first respondent in not receiving claim petition filed pursuantto Auction notice published in Eenadu daily dated 13.11.2001 inE.P.No.111/01/H in A.R.C.No.1/2000(HOU) as arbitrary and illegal.

It appears, one Ruthamma obtained a loan of Rs.3,00,000/- fromthe petitioner Bank on 30.7.1999 and fourth respondent deposited thetitle deeds with the petitioner Bank on 2.8.1999 as security. While thatbeing so, third respondent seems to have obtained a decree inA.R.C.No.1 of 2000 (HOU) and pursuant to the same, executionproceedings were initiated vide E.P.No.111/01/H and sale notificationdated 5.11.2001 was published proposing to auction the property offourth respondent on 22.11.2001. Therefore, the petitioner bank filed aclaim petition under Rule 52 21(a) of the A.P. Cooperative SocietiesRules. The complaint of the petitioner is that the Sale Officer did notentertain the said claim petition. Hence the writ petition.

This Court, while ordering notice before admission on21.11.2001, passed interim order directing that auction, which isscheduled to be held on 22.11.2001, may go on, but the sale proceedsshall not be appropriated to the credit of E.P.No.111/01/H inA.R.C.No.1/2000(HOU) and the same should be kept under suspenseaccount by the first respondent until further orders.

The learned counsel for petitioner however asserts that in spite ofsuch an order, sale as contemplated on 22.11.2001 did not take place.

In view of the above, without expressing any opinion in thematter, the petitioner is directed to re-submit the claim petition purportedto have been filed before the Sale Officer within a period of two weeks from the date of receipt of a copy of this order and the Sale Officer shallentertain and dispose of the same as per law within a period of fourweeks from the date of receipt of such claim petition from the petitioner, Till the disposal of the claim petition, status quo as on today as to theproperty in dispute shall continue.

The writ petition is accordingly disposed of. No order as tocosts.

Date: 29.12.2006

_____________

C.V.RAMULU, J

DA

29.12.2006

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

Date: 29[th] December, 2006

Between:

A.P. Vardhaman Mahila Cooperative UrbanBank Ltd., rep.by its Chief Executive Officer.

And

.. Petitioner

Cooperative Sub-Registrar/Sale Officer,A.P. State Cooperative Bank Ltd.,Troop Bazar, Hyderabad & others.

.. Respondents