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 a Writ. Order or Direction more particularly one in nature of a Writ of Mandamus, declaring the action of the 2nd respondent in issuing the impugned notice of sale to Decree holder and Defaulter in EP No 43lLT 12020-2021 and consequential undated notice of sale of immoveable property for Agriculture land admeasuring Ac.0.21Gts, Ac.0.12Gts. Ac.O.12 Gts, Ac.0.12cts, Ac.O.12Gts. and Ac.0.13gts. in Sy.Nos 91/B, 91 iD,91/E,91/F,91 /G and 9'1/H respectively situated at Jaldipalle Village, Lingampet Mandal, Kamareddy District without providing any opportunity before passing an award and any notice in the Execution Proceedings vide No.43/LT l2O2O-2021 as illegal, arbitrary, unjust, unconstitutional and in violation of principles of natural justice and also contrary to the provisions of Telangana Cooperative Societies Act 1964 and rules made thereunder and consequently to set aside the same by directing the respondents to not to proceed with the auction/sale of subject property belonging to the petitioner or as an alternative direct the respondents to consider One-time Settlement scheme (OTS) for the Principal and exemption of interest levied on the loan borrowed from the Respondent on humanitarian grounds keeping in view the financial condition and the crisis being faced by the Petitioner. IA NO :, 1 OF 2025 Petition under Section 151 CPC pt 'ying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings pursuant to impugned notice'of sale to Decree holder and defaulter in EP. No.43/LT 12020-2021 and consequential undated notice of sale of immovable property issued by the 2nd respondent for the sale of Agricultural land admeasuring Ac.0.21Gts, Ac.0.12Gts, Ac.O. 12 Gts, Ac.0.12Gts, Ac.0'12Gts and Ac.O.'13gts in Sy.Nos.91l13,91lD.91lE, 91lF,91lG and 91/H respectively situated at Jaldipalle Village, Lingampet Mandal, Kamareddy District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI MOHD BASEER RIYAZ Counsel for the Respondent Nos.1,2,5 & 6: GP FOR COOPER^ATION Counsel for the Respondent Nos.3 & 4: SRI K'DURGA PRASAD, SC FOR NDCCB The Court made the following: ORDER I THE HON'BLE SMT. JUSTICE T. MADHAVI DDVI WRIT PETITION No.1694 of 2o25 ORDER: With the consent of both the parties, this Writ petition is disposed of at the admission stage.

2. This Writ Petition is filed challenging the notice of sale of subject property dated 01.12.2024 putting up the land of the petitioner for sale on account of the default of petitioner in repayment of loan with interest.

3. Ms. B. Rachana, learned Senior Counsel representing learned counsel for the petitioner submitted that the petitioner approached respondent No.2 for loan to set up cattle shed/ dairy farm after mortgaging the petitioner,s agricultural lands in the year 2OL7 and thereafter, in the year 2O2O, the petitioner failed to repay the loan amount. Learned counsel for the petitioner submitted that the petitioner,s property has been put up for sale for realization of the decretal amount and auction is to be held today i.e., on

22.01.2025. She seeks installments to make payment of the loan amount and further submitted that the petitioner would 2 wp_1694_2025 approach the bank for one time settlement of the loan amount and the respondent-bank may be directed to consider the sarn e .

4. Sri K. Durga Prasad, learned counsel for respondents No.3 and 4, submitted that as per his instructions, there is no scheme for one time settlement available at present and however, if it is possible, the bank would consider the same.

5. 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 discretionary power, if any. Further, this Court is inclined to grant stay of all further proceedings including the auction/ sale of the subject property pursuant to the impugned notice of sale E.P.No.43/LTl2O2O-2O21 subject to the petitioner paying the entire amount as per the One- Time 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 by the end of this month i.e., on or before 30.OL.2025 and thereafter, I I i I 3 wp_1694_2025 shall pay the balance amount in three (3) equal installments and each installment shall be paid by the end of every month commencing from 28.02.2025 and ending with 30.04.2025 and the last installment shall include the interest, etc., if aly, 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 sha,ll 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. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/-T. TIRUMALA DEVI T REGISTRAR ASSI ,\ OFFICER \ To State of Telangana. l.ThePrincipalsecretary,CooperativeDepartment,secretariat'Hyderabad' z. in?"niq"iiir',"Commissioner, for Cooperation Gruha Kalpa Building' - Nampai(y, HYderabad, Telangana. : ir,.- trlriioettnutfroriseO OtfLei,-Nizamabad District Cooperative Central - Bink Ltd.,-NDCCB Nizamabad District, Telangana Lingampet Erancn' LinqamPet, KamareddY Dishict. NDCCB Ni2amabad District. LinoamoeiM. KamareddV District

4. i'hBtil5;iv' ndsi;ltir rl65D, t't-iiam anao District cooperative central B an k Ltd' s. ifre ftfinaqer / Secretary, Primary Agricultural Cooperative Society' 6. ii'r8tiifi 'Eibirtir" otrii"i FAds t-insa'pethDecree holder Kamareddv 7. d; cb to sRl MoHD BASEER RIYAZ, Advocate [oPUC] B. i;; CCslo-CF rOn COOpe nnf tOru, Higrr Court ior the State of Telangana, s. il;'cc 6 sRrk.Duhcn PRASAD, sc FoR NDccB [oPUC] 0.Two CD CoPi at Hvderabad. [OUT] District. j l_t3 1 PSK. BS r HIGH COURT DATED:2210112025 ORDER WP.No.1694 of 2025 CC TODAY SH 'I4 14: tJ o o \t_\ ,l+ 24 JAll ffi 7 a * tl I:9 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \)