High Court · 2025

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue the appropriate Writ or order or Direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records relating to and connected with the Certificate of attachment in Case No. '1 TiComl2022-23by The Special Cadre Dy.Registrar /Officer on Spl. Duty, The Nizamabad District Co- operative Central Bank Ltd, Nizamabad (R-4) dated 14.12.2022 to set aside and quash the same as being arbitrary, illegal, unconstitutional. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of impugned Notice of Attachment of Mortgaged immovable property vide E.P.No. 6OB|COM|2O22-23 dated NIL from the office of The Nizamabad District Co-operative Central Bank Ltd, Nizamabad, Rep.by its Asst. General Manageri Sales Officer (R-3). Counsel for the Petitioner : M/s PARIMALA PARIGI Counsel for the Respondent Nos.1 & 2 : GP FOR COOPERATION Counsel for the Respondent Nos.3 to 5 : SRI K.DURGA PRASAD The Court made the following ORDER ----------7/ // /i THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.1193 of 2025 ORDER: With the consent of both the parties, this Writ Petition is disposed of at the admission stage

2. This Writ Petition is filed seeking Writ of Certiorari calling for the records relating to certificate of attachment in Case No.l7lCom/2022-23 by the Special Cadre Dy.Registrar lOfficer on Spl.Duty, the Nizamabad District Co- operative Central Bank Ltd., Nizamabad, dated 14.12.2022, and to set aside the same and pass such other order or orders.

3. Learned counsel for the petitioner submitted that the petitioner obtained commercial loan of Rs.25,00,OOO/- with l3oh rate of interest from respondent No-3 after mortgaging his agricultural land to an extent of Ac.1.0300 gts. in Sy.No.745/Pl,P2 at Indalwai Village and Mandal, Nizamabad District, in the year, 2O16 and thereafter, in th,.e year,2021' the petitioner failed to repay the loan amount. Learned \ counsel for the petitioner submitted that the petitioner's 1l , 2 wp_1793-2025 property has been put up for sale for realization of the decretal amount vide notice of attachment of Immovable property in E.p.No.6O g/Com/2022_23. to make pa-yment of the loan amount and further submitted that the petitioner would approach the bank lor one time settlement of the loan be directed to consider; ;.:' 4. He seeks installments the respondent-bank Sri K.

5. No.3 and 5, su scheme for one time however, if it is possible Durga prasad, learned counsel for rt:spendsnls bmitted that as per his instructions, there is no settlement available at prosent and the bank would consider the same. Having regard to the above submissions, this Court permits the petitioner to make an application for one time settlement and the respondents shall consider the same in accordance with the scheme available as on the said date and in accordance with their discretionar;r power, if any. F.urther, this Court is inclined to grant stay of all fur -' ""tnrr proceedings including the auction/"J";r" -l- e of the subject property pursllant to the notice in E. p. No. subject ro the petitioner paying the entire amount as crs per One_Time t ,/ 6O8/Com/2O22_2023 l --------7/ // I 3 wp_1193_2025 Settlement Scheme or the entire decretal amount with interest in installments as per the following terms. The petitioner shall pay one-fourth of the decretal amount on or before lO .O2.2O25 and thereafter, shalI pay the balance amount in three (3) equal installments and each installment shall be paid on or before l0tt ol every month commencing from 10.03.2025 ald ending with 10.05.2025 and the last installment shall include the interest, etc., if any, which is due to the bank till the date of payment. In case the petitioner fails to comply with the terms of this order, the stay shall automatically stand vacated and the respondents shall proceed with consequential action pursuant to the impugned auction notice. 6 With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. 7 Miscellaleous applications, il any, pending in this writ petition, shall stald closed. //TRUE COPY// SD/- T. TIRUMALA DEVI ASSISTANT REGISTRAR TION OFFICER To 1 The Principal Secretary, The Department of Co-operation, Secretariat' State of Telangana at Hyderabad. r I I , :;: #."r"# ssroner of Co-operation and Registrar of Co.operative Societies, Gruhakalpa buildingsl opp' c"'at'l enr"rriir.iipTrrv, Hyderabad - uoroJ{ i5,::"J":;H: t / sa res orricer, N izama bad District co-o perative 4 The special cadre Dy Registrar /officer on spl.Duty, The Nizamabad District ^Hffi _ Co-operative Centrat'BanliltJ, Ni=rJ,l. ", t iil Nizamabad District co-operative i5,tiru:l,Iife,?j;flilj1bi"n-,i"'ir, 6. Two CCs to Gp fOn COOpinnTtON ,High Court for the State of 7. one CC to M/s pARlyllA_lARtGt, B" ?,iS BS Bj[!^ (t Advocate IopUCI ,rncA pneinrj,'ei,"."1-",iopucr Tetangana. [OUTI sAo I 'l \ k ) E ST4 1H ( J 0 F:B 2025 * t p TC H HIGH COURT DATED:2810112025 I I ORDER WP.No.1193 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. ilt-tlf o. \/)-G+-\0'