1. Smt. Annepogu Subbalakshmi v. State of Telangana
Case Details
Acts & Sections
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 writ order or direction more particularly one in the nature of writ mandamus declaring the action of the respondent No.3 in trying to sell the residential building, ground and first floor with metal sheet roof with House bearing No. 8-10, extenl 247 sq. yds., plinth area of the house 686.40 sq. ft., with survey No. 132lAl2 near Bonakal Railway .Station Road, Bonakal, even though the petitioner is ready to pay the amount in 6 equated installments as arbitrary and illegal and contrary to the provisions of law and consequently to direct the respondents to receive the balance amount in equivalated installments of' 6 months. --:r'-;'/ i-a=l .r.--!-.-t/ :. Ir,.r'' / tA No: 1 oF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the dffidavit filed in support of the petition, the High Court may be pleased to direct the respondent No 3 to receive the balance amount Payable in 6 equivaled monthly installments. Counsel for the Petitioners: SRI GUDI MADHUSUDHAN REDDY Counsel for the Respondent Nos.1 and 2: GP FOR COOPERATION Counsel for the Respondent No.3:--- The Court made the following: ORDER a' THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.871O of 2025 ORDER: This Writ Petition is liled seeking the following relief: *...to zssue Writ Order or direction more particularlg one in the nahre of urit mandamus declaing the oction of the respondent No.3 in trying to sell the residential building, ground and first floor uLith metal sheet roof tuith house beaing No.8-10, extent 247 sq.gds., plinth area of the LLouse 686.40 sq-ft., with surueg No. 132/A/2 near Bonakol Roilwag Statian Road, Bonakal, euen though the petitioner is reodg to pag the amount in 6 equated installments as arbitrary ond illegal and controry to the prouisions of lau.t and consequentlg to direct the respondents to receiue the balance amount iru equiualated instollments of 6 manths and to pass..."
2. Brief facts leading to the hling of the present writ petition are that the petitioners approached respondent No.3 for a housing term loan and after mortgaging the petitioners' property, i.e., house bearing No.S- 1O, to an extent of 247 sq.yds., 686.4O sq.ft. plinth area of the house, with Sy,No. 132/A/2 near Bonakal Railway Station Road, Bonakal, respondent No.3 sanctioned a housing term loan for a sum of Rs.5,OO,OOO/- (Rupees Five Lakhs only). It is submitted that when the petitioners did not pay the due loan amount due to finalcial and debt problems, respondent No.3 issued the notice dated 75.10.2024 to tJle petitioners under Section 13(2) 2 wp_8710_2025 of the Securitisation and Reconstruction of Financiai Assets and Enforcement of Securit5r Interest Act, 2OO2 (for short, "the Act"), calling upon the petitioners to discharge their liabilities within a period of 60 days from the date of receipt of the notice, failing which action wili be imitated in accordance with Section 13(a) of the Act. It is further submitted that the petitioners made a representation dated 18.12.2024 to respondent No.3 seeking installments to make payment of the loan amount in monthly installments of Rs.1,0O,OO0/- and subsequently, the petitioners paid the loan amount of Rs.1,00,000/- and Rs.3,OO,00O/-. The grievance of the petitioners is that respondent No.3 is trying to sell the mortgaged property, though they are ready to pay the balance amount in six equal installments. Therefore the present Writ Petition has been filed J Learned counsel for the petitioners submitted that though the petitioners have already paid the loan amount of Rs.4,00,000/- to respondent No.3, the respondents are trying to sell the mortgage property. Therefore, the petitioners are seeking a direction to the respondents to allow them to make .'*:1 3 wp_871O_2025 payment of the balance loan amount in six equal installments. 4 Heard learned Government Pleader for Cooperation appearing for respondents No.1 and 2.
5. Having regard to the above submissions, this Court is inclined to grant stay of all further proceedings pursuant to the notice dated 15.70.2024 issued by respondent No.3, subject to the petitioners paying the entire loan amount with \ I /f' interest in installments as per the following terms. The petitioners shall pay the loan amount in four (04) equal installments and each insta-llment shall be paid by the end of every month, commencing from 30.O3.2025 and ending with
30.06.2025 and the last installment shall include the interest & expenses, etc., if any, which is due to respondent No.3 till the date of payment. In case the petitioners fail to make .this order, the pa),rnent of any of the insta-llments, in terms of stay shall automatically stand vacated and the respondents shall proceed with consequential action pursuant to the impugned demand notice. 4 wp-8710_2025 ,i;-. I&s, 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/.MOHD. ISMAIL T NT REGISTRAR AS S CTION OFFICER V The Principal Secretary, Cooperative Department Secretariat, State of Telangana, Hyderabad. The D'istrict Cooperative Officer, Cooperative Department Khamam District The Chief ManageriAuthorised office Madhira Mandal, The Bhadradri Cooperative Urban Bank Ltd, Khammam District . One CC to Sri Gudi lr,4adhusudhan Reddy, Advocate [OPUC] Two CCs 1o GP for Cooperation, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies To, 1 2 3 4 5 6 TJ GJP / ( HIGH COURT CC TODAY DATED:21 10312025 r'i ORDER WP.No.8710 of 2025 1v\E STATA. 2 2 t{Afl 2U5 * D6'':'1;,1;r DISPOSING OF THE WRIT PETITION WITHOUT COSTS b /./ t