WP/38924/2013 of Mangallipally Ramulu, S/o.M.Bashaiah Vs State of Andhra Pradesh on 31 December 2013

THE HON’BLE Ms. JUSTICE G.ROHINIAnd

THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY

WRIT PETITION No.38924 OF 2013

Dated: 31.12.2013

Between:

Mangalipally Ramulu

.. Petitioner

And

State Bank of Hyderabad,Rep. by its authorized officer,Mothukur Branch, Nalgonda Districtand 5 others

.. Respondents

THE HON’BLE Ms. JUSTICE G.ROHINIAndTHE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY

WRIT PETITION No.38924 OF 2013

ORDER:(Per Hon’ble Ms. Justice G.Rohini)

This Writ Petition is filed seeking a declaration that the allegedaction of the respondents in trying to dispossess the petitioner from thehouse property situated in Sy.No.607 of Mothkur Village, NalgondaDistrict pursuant to the auction held on 17.10.2013 under theprovisions of the Securitisation and Reconstruction of Financial Assetsand Enforcement of Security Interest Act, 2002 (for short “theSARFAESI Act”) is arbitrary and illegal.

We have heard the learned counsel for both the parties.

Aggrieved by the proceedings initiated by the first respondentBank under SARFAESI Act the petitioner has already preferred anappeal under Section 17 of the SARFAESI Act and the same ispending before the Debts Recovery Tribunal, Hyderabad. Moreover,the secured asset has already been sold and the respondent No.6herein is the auction purchaser.

Under the circumstances, it is not open to the petitioner toinvoke the jurisdiction of this Court under Article 226 of theConstitution of India by way of parallel remedy.

Accordingly, the Writ Petition is dismissed. However, this shallnot preclude the petitioner to pursue the proceedings pending before the Tribunal. No costs.

Consequently, Miscellaneous Petitions, if any, pending in thisWrit Petition shall stand closed.

______________

G.ROHINI, J

_________________________

T.SUNIL CHOWDARY, J

Date: 31.12.2013Ivd