WP/20298/2019 of Marathi Daya Cotton Vs LIC Housing Finance Limited on 29 December 2022

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original J urisdiction)

THURSDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE P.NAVEEN RAOANDTHE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

WRIT PETITION NO: 20298 OF 2019

Between:

Marathi Daya Cotton, S/o Late l\I.Alangaram, aged about 48 years, Rl/o PlotNo. 4-27, Torrur village, Abdullapurmet Mandal, Ranga Reddy District.

...PETITIONER

AND

LIC Housing Finance Floor Krishe Saphire, Limited, Near lmage Hospital, rep. by its Authorized Officer, Madhapur, Hitech City, MainFlat No. 20'l , 2ndRoad, Hyderabad.Road, Hyderabad.

...RESPONDENT

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate Writ, Order or Direction, more particularly one inthe nature of Writ of Mandamus, declaring the inaction of the respondent inthe nature of Writ of Mandamus, declaring the inaction of the respondent inhanding over the keys put to the house constructed on Plot. No. Bg admeasuring200 Sq. Yards situated at Torrur village, Abdullapurpet Mandal, R.R.District, tothe petitioner, inspite of his readiness to pay the outstanding loan amount andissuing the legal notice dt.23-7-2019, as being illegal, arbitrary and unjust andconsequently direct the respondent to furnish the particulars of total outstandingloan amount along with the true and correct statement of account, so as toloan amount along with the true and correct statement of account, so as toenable the petitioner to pay the same.

IA NO: 1 OF 2019

Petition undt,r section 151 CPC [praying ][that ][in th€ ][r;ircumstances ][stated]in the affidavit filed in support [of ][the ][petition, ][the ][High ][court ][may ][be ][pleased ][to]direct the respondr [rnt herein ]to [forthwith handover ][the ][I ][r:ys ]llut [to ][the ][house]constructed on Plot No. 89 [admeasuring 200 Sq. Yds., ][sittrated at ][Torrur ][village,]Abdullapurmet Manlal, R.R.District, [pending disposal ][of trc, ][main ][writ ][Petition,]in the rnterest of [jus ]ice.

lA NO: 2 OF 2019

Betwe,:n:

Marathi Daya Cotton, S/o Late M.Alangaram, [aged ][abcr-rt.13 ][ygqr:,Rl/o ][Plot]No. 4-27, T6rr rr village, Abdullapurmet [Mandal, Ranga ][Reddy District.]

...PETI TIONER/PETITIONER

AND

LIC Housin I Finance Limited, rep. [by its ][Authorized ]'lfficer, [Flat ][No. ][201 ][,]2nd Floor Krishe Saphire, [Near lmage Hospital, ][Madl ][apur, ][Hitech City,]Main Road. Hyderabad.2nd Floor Krishe Saphire, [Near lmage Hospital, ][Madl ][apur, ][Hitech City,]Main Road. Hyderabad.

...RESPONI)ENT/RESPONDENTSmt. Vadl. rmurii Pavani W/o [V.Subba ][Rao, ][agled ][30 ][years, ][R/o]H.No.12-1i 4, Near Govt. [Hospital, ][Kothapeta, ][,^,ddzrnki, ][Prakasam]District.H.No.12-1i 4, Near Govt. [Hospital, ][Kothapeta, ][,^,ddzrnki, ][Prakasam]District.

,..PROPOSED RESPONDENT/II[,SPONDENT [NO.2]

Petition under Section 151 CPC [praying ][that ][in the ][t ][irr:unlstances ][stated]in the affidavit filed irr support [of ][the ][petition, ][the ][High Court ][rnay ][be ][pleased ][to]permit the petitione herein to implead the [proposed ][rrlspordent ][as ][party]respondent No.2 in tlre above [w.P.no. ][20298 ][of ][2019 for prol;er adjudication of]the case.

Counsel for the Petiti cner: [SRI ][C.KUMAR]Counsel for the Resp rndent: [SRI BATHULA ][RAJ ][KIRAN (SC ][IrOR ][LIC ][HFL)]

The Court made the f [:llowing: ][ORDER]

HON'BLE SRI JUSTICE P.NAVEEN RAOANDHON'BLE SRI JUSTICE J.SREENIVAS RAOWRIT PETITION No.2O298 of 2OL9

ORDER: 1Per Hon'ble Si Justice P.Naueen Rao)

No representation for the petitioner. We have heard SriBathula Raj Kiran, learned counsel for the respondent.

2. The petitioner claims that agreement of sale was executedin his favour on 30.11.2018 by the owner by narne Srnt.Vadlamudi Pavani to sell plot No.B9 comprising of 167.23sq.mtrs with open land and building in Sy.No.393 of TorrurVillage, Abdullapurpet Mandal, Ranga Reddy District. Petitionercontends that even though the petitioner has already paidconsiderable arnount and ready and willing to pay balanceamollnt, the vendor is not coming forward to transfer theproperty in his name by executing the sale deed, which causedlot of hardships and sufferings to the petitioner.

3. Petitioner avers that because the vendor is indebted tovarious institutions and individua-ls, he is not coming forward to execute the :iafe deed. Petitioner alleges th:rt on O3.O7.2019officials of resp,rndent along with the Advocate: Commissioner,visited the prertises and put another lock ard also affixed avacation notice :ven though all his belongings :,Lre lying in thehouse. Having < ome to know that the vendor indr:bted to therespondent, the petitioner offered to pay the rrmount due butthe szrme was not accepted. Petitioner alleges rhal in spite ofexpressing readi:ress to pay €unount, keys of the house are nothanded over wh )reas all his belongings are lying in the saidhouse. In the s d circumstances, this u,rit ltetition is filedpraying to declarr: the inaction of the respondent in not handingover the keys of the house rnentioned above to thr: petitioner inspite of expressirrg his readiness to pay the ot.tstanding loanainount-

4. From the materials placed on record, it is noriced that theresponclent filed r petition in Crl.M.p.No.346 of 2Ol9 underSection 14 of the securitization and Reconstructi m of FinancialAssets and Enforce nent of Security Interest Act, 2co2 (tor brevity,"the SARFAESI Act" , before the Court of learned Ch t:l Metropolitan Magistrate, Cyberabad, L.B.Nagar, Hyderabad, wherein, it appearsthat the learned Magistrate has passed the orders appointingAdvocate commissioner to take physical possession and to return thewarrant-

5. The learned standing counser informs the court that thepossession was taken in accordance with the warrant issued by thelearned Metropolitan Magistrate. He also informs that the petitionerfiled a suit in o.s.No.8 of 2o2o, before the learned XIV AdditionalDistrict Judge, Ranga Reddy, L.B.Nagar, to grant decree for specificperformance for agreement of sale and the same is pending.

6. In the above circumstances, we are not incrined to entertain the above circumstances, we are not incrined to entertain above circumstances, we are not incrined to entertain circumstances, we are not incrined to entertain we are not incrined to entertain are not incrined to entertain not incrined to entertain incrined to entertain to entertain entertain thewrit petition, as it is a clear case of dispute between the petitioner a,dthe alleged vendor, based on unregistered agreement of sare. Further,the petitioner is not challenging the steps taken by the respondentunder the SARFAESI Act to recover the amounts due from theborrower.

In the above circumstances, we are not incrined to entertain the above circumstances, we are not incrined to entertain above circumstances, we are not incrined to entertain circumstances, we are not incrined to entertain we are not incrined to entertain are not incrined to entertain not incrined to entertain incrined to entertain to entertain entertain the 7 . In view of the above, this writ petition is devoid of merits anddismissed accordingly. However, it is left open to the petitioner to \

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work out his renLedy on the issue of possession o;'the house and toprosecute the per ding O.S. No costs.

.As a sequel. miscellaneous petitions, if aty, p,:r:ding shal standclosed.closed.

SD/. K.;REERAMA MURTHYAS:;ISTANT REGISTRAR\( ll.:'SE,ITION OFFICER

//TRUE COPYII

To1. One CC to SF I C.KUMAR, Advocate TOPUCI2. One CC to SRI BATHULA [RAJ KIRAN, ][SC ][FOR LIC ][Ht'l- ][OPUC]3. Two CD Copie [s]PSK.GJPBYl'

HIGH COUF T

DATED:2911212022

ORDERWP.No.2029lt of 2019

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DISMlSSING'THE WRIT PETITIONWITHOUT COSTS.

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