Konda Lingamma, Wo. Rajalu Aged Major v. State of Telangana
Case at a glance
- Bench
- T MADHAVI DEVI
Outcome
Disposed of
With the above directions, this Writ petition is disposed of at the
Provisions considered
- Constitution of India art. 226
- Code of Civil Procedure, 1908 s. 151
Key paragraphs
- Para 66. With the above directions, this Writ petition is disposed of at the admission stage. No order as to costs. d-- 3 W.P. No.l767 of 2025 7 Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed. /ITRUE COPY// SD/- T. VIJAY KUMAR…
Judgment
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 writ order or direction more particularly writ of Mandamus declaring the action of the respondents in issuing the impugned auction notice dt- 1S_12_2624 by respondent No.4 for the petitioner property land admg., Ac. 2-05 gts., in sy. trio. 5zsl2 situated at chilukur village, chilukur Mandal, Suryapet 6i"tii"t ui illegal arbitrary and violative of principles of natural justice and -oniequentty siay all further proceedings in pursuance of the impugned notice dl. rc-\2-2d24 iisued by respondent No.4 and direct the Respondents not to froceed with the auction of the petitioner propgrty I.e', Iand admg', Ac' 2-05 gts'' in Sy. f.fO. 52512 situated at Chiiukur villilge, chilukur Mandal, Suryapet District. IA NO: 10F 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 a.rr.further proc.eedings in pursuance of the impugned notice dt. 19-12-2024 issued by respondent No.4 and direct the Responients not to proceed with the auction of the petitioner prope.r.!y I.e., land admg., Ac. 2_05 gts.,'i, Sy. f.fO. iZilZ situated at chirukur viilage, chiiukur Mandar, slrwrp.t Dist-rict'pend-ing- dirpo"rr of the above writ petition. Counsel for the Petitioner: SRI M.V. VENU Counsel for the Respondent No.1: Gp FOR COOPERATION Counsel for the Respondent No.2 to 4: - _ _ _ The Court made the following: ORDER THE IIONOT]RABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITIONNO.1767 0F 2025 ORDER With the consent of both the parties, this Writ Petition is disposed of at the admission stage.
This Writ Petition is frlled challenging the notice of sale dt.1g.12.2024 putting up the subject land of the petitioner for sale on account of the default of the petitioner in repayment of the loan with interest, as illegal and arbitrary.
Mr. M.V.Venu, leamed counsel for the petitioner submitted that the petitioner's mother Balaboina Nagamma obtained a loan for purchase ofa tractor after mortgaging her agricultural lands in the year 2008 and thereafter, she failed to repay the loan amount' He submitted that after demise of the mother of the petitioner in the year 2019' the said properry was succeeded to the petitioner and her daughter' being her legal heirs. He submitted that the said property has been put up for sale for realisation of the decretal amount and auction is going to be held tomorrow, \.e., on24.01.2025.He seeks instalments to make payment of -- I 2 W.P. No.1767 of2025 the outstanding loan amount of Rs.4,84,583/- with interest and the respondent society may be directed to consider the same.
Learned (lovernment Pleader for Cooperation is aiso heard.
Having rr:gard to the above submissions, this Court is inclined to grant stay of all further proceedings including the auction/sale of the subject propert), pursuant to the impugned notice of sale in E.P.No.635/2018 dt.19.12.2024 sub-ject to the petitioner paying the entire decretal :Lmount with interest in instalments as per the following terms. The petitioner shall pay Rs.1,00,0001 (Rupees one lakhs) by the end of this month, i.e., on or before 30.01 .2025 and thereafter, shall pay the balance amount in four (4) equal instalments and each instalment shall be paid by the end of every month commencing from 28.02.2025 and ending witjr 30.05.2025 arld the last instalment shall include the interest, etc., if any, which is due to the society till the date of payment. In case the petirioner 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.
Operative part
With the above directions, this Writ petition is disposed of at the admission stage. No order as to costs. d-- 3 W.P. No.l767 of 2025 7 Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed. /ITRUE COPY// SD/- T. VIJAY KUMAR ASSISTANT REGISTRAR i'al 1. SECTION OFFICER To,
The Principal Secretary, Co-Operation Department' State of Telangana' , +f;:,3,fr,';?,iX"[1?.i',f3%,*r, Natgonda District co-operative central Bank ii.f:'$,x[?'."H?$"",,,#il:^R:l,tP"'To"-Lp",,ti, esocietv, chi, ukur, iFllt[.H.qiffi*v"*lla#iffi l?l.'n%o,n,",thestateorre'|ansana z. i*o CD CoPies IOUTI BN HIGH COURT DATED:2310112025 CC TODAY ORDER WP.No.1767 of 2025 1i+i s14 k J c i ,-) 2 3 JAll zffi i I 6( -! i::, , o ,,/ ,,./ k.. .,, , DISPOSING OF THE WRIT PETITION WITHOUT COSTS Lo
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above directions, this Writ petition is disposed of at the
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Code of Civil Procedure, 1908 — s. 151.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.