The High Court · 2025

Smt. Malisetti Anuradha, W/o. Late Malisetti Giri Rao, Age. 65 years, Occ: House wife, Rl/o. H.No.4-2-151165, Srinivasa Nagar, Khammam P.O. and District-507003. .,.PETITIONER AND 1 The State of Telangana, Rep. by its Prl. Secretary, Co-operative Societies Department Secretariat, Hyderabad.

2. The District Collector, Khammam, Khammam District. 3. The District Co-operative Central Bank Ltd., Mahatma Gandhi Road, Gandhi Chowk, Khammam, Khammam District, 507003, Rep. by its General Manager.

4. The District Co-operative Central Bank Ltd., Mahatma Gandhi Road, Gandhi Chowk, Khammam, Khammam District, 507003, Rep. by its branch Manager - cum - Sale Ofiicer.

5. The Special Cadre Deputy Registrar/ Officer on Special Duty, District Co- operative Central Bank Ltd., Khammam, Khammam District, 507003. ...RESPONDENTS Petition under Article 226 of lhe 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 the nature of Writ of Mandamus, the action of the respondent No. 4 & S/Bank Authorities in issuing impugned auction notice dt. 2110212025, stating that the public auction is going to be conducted on 0110312025 at 11.45 A.M, Vide proceedings E.P. No. 87l2O18-19, without fixing the upset price of the petitioners property House No. Old 4-8-81-4, New 3-8-262lfu3 to an extent of 241 .43 sy. Yards of Khamma Urban Mandal, Khammam District, publihsed in Daily Andhra Jyothi paper, Khammam Edition dt. 2110212025 without attachment of the petitioners property in question, before conducting sale, is without power or authority and contrary to the sale auction notice issued by the 4th and Sth respondent dL2110Z2025 and also contrary to provisions of the Telangana State Co-operative Societies Act, '1964 and rules thereunder, particularly sections 70,71 & rule 52 sub-rule 10 and 1 1(d & e), i.e., without fixing upset price of the property in question is illegal, void and opposed to Articles 14, 19,21 and 300-4 of Constitution of lndia and consequently to direct the respondenVBank authorities not to interfere with the peaceful possession and enjoyment of the petitioners house situated in House No. Old 4-8-81-4., New 3-8-262lA/3 to an extent of 241 .43 sy. Yards of Khammam Urban Mandal, Khamam District without following due process of law. lA 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 all further proceedings in pursuant to the impugned auction notice Vide proceedings E P. No. 8712018-19 d1.2110212025 issued by the 4th & Sth respondent/ authority, in connection with the public auction going to be held on 0110312025 al 11.45 a m. in respect of the petitioners immovable house property House No, Old 4-8-81-A, New 3-8-26214/3 to an extent of 241.43 sy. Yards of Khammam Urban Mandal, Khamam District, pending disposal of the writ petition. Counsel for the Petitioner: SRI MUMMANENI SRINIVASA RAO Counsel for the Respondent No.'l & 2: GP FOR COOPERATION Counsel for the Respondent No.3 to 5: SRI SRINIVAS POLAVARAPU The Court made the following: ORDER --7 THE HONOURABLE SMT.JUSTICE T. MADHAVI DEVI WRIT PETITION NO.5828 OF 2025 ORDER I In this Writ Petition, the petitioner is challenging the auction notice d1.21.02.2025 issued by respondent No.4 for recovery of the amounts due in E.P.No.87 12018-2019. 2- The petitioner is the borrower of the subject loan amounts and the property of the petitioner was mortgaged rvith the respondent bank' Since the amounts were not paid, the respondents have initiated action against the petitioner and have ultimately issued the impugned notice dt.2l .02.2025 for recovery of the defaulted amount.

3. Learned counsel for the petitioner, while pointing out certain technical irregularities in the impugned notice dt'21 '02 '2025, has submitted that the petitioner is wilting to pay the entire amount due in six instalments with a gap of two weeks each'

4. Learned Govemment for Cooperation appearing for respondents \ No. I und 2 and Sri Srinivas Polavarapu, leamed counsel for respondents t { 2 W.P. No.5828 of 2025 No.3 to 5 are also heard. 'fhey submitted that as on 31.12.2024, an amount of Rs.25,41,904/- is due to be payable by the petitioner.

5. Having rcgard to the rival contentions and the material on record, this Court is inclined 1cl grant stay of further proceedings including the auction/sale of the subject property pursuant to the impugned notice of sale in E.P.No.87/2018-2019 d1.21.02.2025 subject to the petitioner paying the entire amount due in six (6) equal instalments. The petitioner shall pay the first instalment, i.e., one-sixth of the amount due within a period of two weeks from the date of receipt of a copy of this order and thereafter, shall pay the second, third, fourth, fifth and sixth instalments respectively with a gap of two weeks each and the last instalment shall include interest, costs, etc., il'any, which is due to the bank. In case the petitioner fails to make payment of any of the instalments, the stay shall automatically stand vacated and the respondents shall proceed with consequential action pursuant to the impugned notice dt.2 I .02.2025. The respondents are directed to intimate the final amount which is due from the petitioner since it is not mentioned in the impugned notice. The petitioner shall approach the respondent bank authorities for the same. 4 -=-7 .,/. I -t W.P. No.5828 of 2025

6. With the above directions, the Writ Petition is disposed of. No order as to costs.

7. Pending miscellaneous petitions, if any, in this Writ Petition sha[[ stand closed. //TRUE COPY// SD/. MOHD. IS ASSISTANT REGIS IL SECTION FFICER I To, \ Telangana, Secretariat, Hyderabad. '1 . The Pd. Secretary, Co-operative Societies Department The State of 2. The District Collector, Khammam, Khammam District. 3. The General Manager, The District Co-operative Central Bank Ltd., Mahatma Gandhi Road, Gandhi Chowk, Khammam, Khammam District, 507003. 4. The branch Manager - cum - Sale fficer, The District Co-operative Central Bank Ltd., Mahatma Gandhi Road, Gandhi Chowk, Khammam, Khammam District, 507003.

5. The Special Cadre Deputy Registrar/ Officer on Special Duty, District Co- operative Central Bank Ltd., Khammam, Khammam District, 507003. 6. One CC to SRI MUMMANENI SRINIVASA RAO, Advocate IOPUC] 7. One CC to SRI SRINIVAS POLAVARAPU, Advocate [OPUC] 8. Two CCs to GP FOR COOPERATION, High Court for the State of Telangana. tOUI]

9. Two CD Copies BN HIGH COURT DATED:2510212025 ORDER WP.No.5828 of 2025 CC TODAY flE ST4 14: ( I o o 2 5 FEB 2U5 t ]. :) DISPOSING OF THE WRIT PETITION WITHOUT COSTS )