Mrs. Y. Swetha Goud v. 1. The State of Telangana

Complex-, Ameerpet, Hyderabad Rep by its ForemaniBranch, lttlanager Mr' K Srinivasa Rao.

7. Mr. Sundar Satianarayana, Sio B.S.R.Rao Aged 60 yrs, Occ.Managing Director, M/s. S.S. lnfrastructure, Development Consultants Ltd' Flat No 15' H.No. 1-1 1-252113, Jabbar Buildings Begumpet' Hyderabad R/o. Falt No B- 201 , Windsor Apartments, Begumpet, Hyderabad. .....RESPONDENTS 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 the nature of writ of fVlandamus declaring the actions of Respondent No.4 in refusing to register the sale certificate daled 24-01-2025 issued by the 5th Respondent Bank under the Provisions of SARFAESI Act 2OO2 in favor of Petitioner in respect of property i.e. residential Flat No, 103 (B Block), on First Floor of The Windsor l Apartment property adrr:asuring 2'200 Sq feet' constructed on all tt ose pieces and parcels of land s l.u rft)d being lying at village Begumpet in reg rstrz tion District of Ranga Reddy, lit, I District Balanagar Mandal bearirrg OTSr Survey No Municipal No 1-1'1 '2'';-'l'\1103' as illegal arbitrary and contrary to and violative of the orders passed b" trtr; Hon'ble Court in W P No 4949 of 2019 d rted '1 'l-03- 2019andinW.PNi'082of2017'dated06-08-20lsandinviola.ionrfArticle2l and 300-4 Constitrltior cf lndia and consequently direct th€ 4tl- Re;pondent to register the sale <;e tif ir::tte, daled 24-01-2025' issued by 'he 5th lespondent BankundertheProrlS()r]SofSARFAESlAct,2OO2,infavo.ofthe)etitionerin respect of propertf ie r:sidential Flat No 103 (B Block)' cn Firs! [ loor of The Windsor Apartmen'. t roperrty admeasuring 2'200 Sq feet' corstrusted on all those pieces and parcels cf leld situated being lying at village Begumpet ir registration District of Ranga tterlcl, Sub District Balanagar Mandal bearing CTI i/Survey No MuniciPal No. 'l-1 1-251l^./103' l.A NO:1 OF 2025 Petition Unce S€'(lron 151 CPC praying that in the cirlum;tan;es stated in theaffidavitfilednsrrlportofthepetition,theHighCourmayotpleasedto directthe4thResponce.I]ttoregiSterthesalecertificatedate,d24-C,12025issued by the 5th Responc ertl Bank under the Provisions of SARFAE Sl l 'ct' 2002' in I 0:l B Block), on favor of Petitioner ir rar;lrect of property ie residential Flat l'lo 2 2 )0 Sq. feet, FirstFloorofTh:$virlsorApartmentpropertyadmeasuring constructed on all tl-or;o pieces and parcels of land situated beirrg ly ng at village Begumpet in regislrrti:r District of Ranga Reddy' Sub District Ealar agar Mandal 1-11-2511A1103, pending di posal of the bearing. CTS Surve y lrrr> Municipal No main writ Petition. Counsel for the Peliti rner : SRI MIRZA SAFIULLA BAIG Counsel for the Re:;prndent Nos'1 to 4 : GP FOR REVENUE Counsel for the F.e:rPcndent No.S : - Counsel for the Respondent No.6 : SRI P'DURGA PRASAD The Court at the :;tiag: r>f admission made the following ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITIO N No.13 945 of 2025 ORDER: Heard learned Counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration appearing for the respondents and pemsed the entire material on record. With their consent, this writ petition is disposed of at the stage of admission.

2. Learned Counsel for the petitioner submits that this writ petition is filed by the petitioner declaring the action of the respondent No.4 in refusing to register the sale certificate dated 24.O1.2025 issued by the respondent No.5_ Bank as illegat, arbitrary and in gross violation of Judgment passed by the Division Bench of this Court in Citg Union Bank Limited u. The Sub-Registrar, Peddapalli, and othersr and P.Swq-rutalathrr a. The Stqte of Tgtanganqz and in violation of Article 21 ald 300-4 of Constitution of India and principles of Natural Justice and set aside the same consequently direct the t 2o7a Fl ALT 279 ', r."O."i.it in W.p.No.4949 of zots, dated I l.O3-2Ot9 passed by the High Court for the State of Telaigana. SK, J v1 13945_ 2025 llo 4 to forthwith register ther Sale lertificate responcl€n.- dated 24 (;1 .2025 issued by respondent Irlo Ii Br'nk under the p16rri1:io'ts of Securitization and Reconst uction of Financia[ '\-';rj,]ts and Enforcement of SecltritS' In erest Act, 2OO2 (for brt:,zity, the SARFAESI Act, 2OO2'), rn favour of the petilic,n:t in respect of property i'e' resid'rntial Flat No.B- 1Ol], ()r First Floor of "The Win,lsor I partment" admeasr.r o1 2,2OO square feet, construc ted or all those pieces zLr d parcels of land in the preniise; bearing Municipirl I'tro. 1- 1 l-251 I Al LO3 situated :Lt Begumpet Village, Ile,larragar Mandal, Ranga Reddy District. g. Learrej Counsel for the petitioner furthe: submits that the rr:;pondent No.S-Bank had sanctior ed credit faciiity 1o M/s. S.S' Infrastructure De 'zelopment Consulten:s l,imited and on various accounts. M/s. S.S. Infrastru r: urt Development Consultants Linile I and its guarantc rrr rr ciuding one of its Director Ivlr. Fa-1Le Seshagiri Rao failt:d .o repay the loan amounts ald dul to non- payment r-,f ::re loan amount, the respotrde:-rt '1o.S-Bank issued nol icc to the defaulters under Secl.ion 13 (2) of the SARFAtrlll .irrt,2OO2. In spite of 1.ha1 , )[/s. S.S. 3 SK, J wP_13945 2025 Infrastructure Development Consultants Limited not repaid the amounts. In view of the same, the respondent No.5_ Bank proceeded under the SARFAESI Act, 2OO2 and took possession of the secured assets and a possession notice was issued on 25.06.2024. Thereafter, the respondent No.S-Bank issued notice for sale of secured assets in the account of M/s. S.S. Infrastructure Development Consultants Limited on 26.O2.2024 and. also conducted E_ Auction on27.I2.2O2+ and the same was published in the newspapers. 4. Learned Counsel for the petitioner further submits that the petitioner participated in the E_Auction conducted on 27.12.2024 and submitted her bid for the schedule property and deposited full price of Rs. l,2l,3O,4OO / _ with the respondent No.S-Bank, upon which a Sale Certificate was issued on 24.01.2025 in accordance with the SARFAESI Act, 2OO2. The respondent No.4 refused to register the sale certificate issued by the respondent No.5_ Bank pursuant to the sale held by it under the provisions of the SARFAESI Act, 2OO2, on the ground that an attachment order was passed by the Deputy Registrar of Chits/ 4 \t \ SK, I t4,P 13945 2025 Arbitratr:,r Hyderabad (South), in I.A.l,lo.l15 of 2024 in ABR/CF/l'lc. i68 of 2024, dated 30.03.2,021 i relation to the saic f .;rt, which is the subject ntatter of the sale certific,rlr: issued by respondent No.5_Bank, the said action - of the respc ndent No.4 is illegal and arbitrar^-r. 5. Lr;rrrt:,l Counsel for the petitioner firrtler submits that th: srri,l action of the respondents is ,:on rary to the orders pirs,q(d by the Division Bench of this C.cart in citg Union Ban*-. Limited a, The Sub_Registrar, peddapatti (Supra.7l rL:td the said orders are followed by tlis Court in W.P.No.5']5,.1 of 2023, dated, Og.O4.2O2S &r,l rt quested to pass sirtila r trders in this matter a_lso. 6. I-eirrnc,J Counsel for the petitioner furth, rr submits that the resl>ondent No.6-Margadarshi Cthit Fund private Limited, ,:\rrr:erpet, Hyderabad addresse<l a 1et ter to the respondr:rrt l,lo 5 on 19.II.2024 stating that in t,re event of property .s :eing auctioned by the Bank subj:ct to the attachmr:rrt r,t'the subject property, after edjustir g the sale Proceeds c,f tt- e subject property towards dues; of the Bank, the balan ,e, ;aie proceeds if any, shall be pe id to the Margada:-shi .hit Fund private Limited. .lhe ]\,lz rgadarshi 5 SK, J wP 13945 2025 Chit Fund Private Limited advised the Bank not to release/pay the balance proceeds, if any, to the owner of the property, as the subject property is under attachment. 7. Learned Assistant Government pleader for Stamps I \ and Registration is not disputing the orders passed by this Court in W.P.No.5353 of 2023, dated O8.O4.2O25 and \ requested to pass appropriate orders.

8. In view of the above circumstances, the writ petition is disposed of directing the registering authority to receive and release rthe sale certifrcate dated 24.OI.2O25 issued by the respondent No.5 in favour of the petitioner without reference to the orders in I.A.No.1 15 of 2024 in ABR/CF/No.168 of 2024, dated 3O.O3.2O24 passed by rhe l Deputy Registrar of Chits/Arbitrator,.Hyderabad (South). If any balance amount remains, the respondent No.5 is directed to pay the amount to the respondent No.6 as per the order in I.A.No. 1 15 of 2024 in ABR/CF/No .168 of 2024, dated 3O.O3.2O24 passed by the Deputy Registrar of Chits/Arbitrator, Hyderabad (South). However, there shall be no order as to costs. I i I 6 r- SK, J Lt'I 13945 2025

9. Misct'll ::lreous Petitions, if any, penrlin5l in this writ petition srhall ;tand closed. SDI .P, P DM EP OTOENE'EFRRX ,ITRUE COPY" SECTIC'N OFFICER nt, I To

1. 2 i?:,H#*ir ifl, : [#; fl:x: ;iiiElf i't#j3::]ii;j] il: District (New)' Rarrga t reddv Meacnat-Malkaisiri District ? ! *u a'E?lLl,ts : #J'l'; 33 xo'" "n " lsmmtrk$Bl3;#,t rt?to P u cr sta te o r r e I r n sa n 4 6 lkBff;il; 't'ur' i13"'."t I I iE i l,-i"* t t ti I i 6 7 8 Two CD C'>Ptet; SA BS HIGH COURT' DATED:13106120?'5 ORDER WP.No.13945 of 2025 :\.i:., t;;. I ) o 0l JUt il o u '1 r- , , ,^ ll t oEl ;rar c Lr (1' :=a-Ji? {' (])F THE W'P DISPOSING AT THE STA(;E OF ADMISSION WITHOUT CC)STS. o ,,{