SRI SETHU MADHAVA RAO, REPRESENTING M/s v. DYUMANI, S.C. FOR UNION BANK OF INDIA

1 The Union Bank of lndia (Erstwhile Andhra Bank), Sri Nagar Colony Branch, Srinagar Colony Khairatabad, Hyderabad. 2 3 4 5 6 7 The Recovery Officer. (DRT- 2) Debt Recovery Tribunal, 1st Floor Triveni Complex, Abids, Hyderabad - 50000'1 Itli s. Brilliant Power Construction Pvt. Ltd., Rep. by its Managing Director Regd. Off. 24l24S,ll Floor, Srinivasa colony, (west), Sanjeeva Reddy Nagar, (S. R. Nagar) Hyderabad - 500073 P. Srinnivasa Rao, S/o Venkstasubbaiah, [trlanaging Director, t\4/s. Brilliant Power, Constructron Pv,t. Ltd., Regd. Off.241249, ll Floor, Srinivasa colony, (west), Sanjeeva Reddy Nagar, (S. R. Nagar) Hyderabad - 5000073. Smt. P. Soulanya, W/o P. Srinnivasa Rao, fVlanaging Director, M/s. Brilliant Power, Construction Pvt. Ltd., Regd. Off.241249, ll Floor, Srinivasa colony, (west), Sanjeeva Reddy Nagar, (S. R. Nagar) Hyderabad- 5000073. Rajkumar Agarwal, S/o Daudayal, H.No.1-1-4l5, Mahalakshmi Colony, Armoor (V) and lMandal, Nizamabad Dist. Telangana (S). Katapally Venkatareddy, S/o Ganga Ram. R/o H.No.4-3-5, Ashok Nagar. Armoor (V) and Mandal, Nizamabad Dist. Telangana (S). 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 or Direction or an Order which particularly in the nature of ...RESPONDENTS WRIT OF MANDAI\4US declaring the SALE PROCLAMATION-CUM-E-AUCTION RP No. 330 OF 2020 DATED 31-07 -2025 proclamation of sale under Rules 38, 52(2) of Second Schedule to the lncome Tax Act, 1961 rearl with the Recovery of Debts due to B:rnks and Financial lnstitutions Act, 1S)93 scheduled to be conducted E- aucton dated 18-09-2025 published in the news paper on 31-07- 2025 by conducing E- Auction by the 2nd respondent in respect of Open Plot of Land bearing Plot No. 14 in Sy. Nos. 466 and 468 in G. P. File No.4711993 dated 21-03-1994 admeasuring 40 x 60 equivalent to 266. 66 Sq. Yards situated at Perket village Armoor Mandal, Nizamabad district bounded by North: Plot No. 13, East: 30 Ft wide Road, South: Plot No. 15, West Plot No.5 is illegal, arbitrary, violative of Article 14. 19(1Xg) and 21 and 300A of the Constitution of lndia and violation of the pr,:visions of Recovery of Debts due to Banks and Financial institutions Act, 1993 and set aside the same and consequently direct the respondents not to conduct Sale Proclamation-cum-E- Auction Notice RP No. 330 of 2020 d|.31-07-?-025 in respect of the petitioner above said House property at any moment. lA NO: 1 OF 2025 Petition under Section 151 CPC praylng that in the circumstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to grant stay of all furtrer proceedings in pursuance of the SALE PROCLAIVIATION - CUIU- E- AUCTIONI RP No. 330 OF 2020 DATED 31-7-2025 proclamation of sale under Rules 38,52(2) of Second Schedule to the lncome Tax Act, 1961 read with the Recovery of Debts due to Banks and Financial Institutions Act, 1993 scheduled to be conducted E- auction dated 18-09-2025 published in the news paper on 31- 07- 2025 by conducing E-Auction by the 2nd respondent in respect of Open Plot of Land bearing Plot ./,No. 14 in Sy. Nos. 466 and 468 in G. P. File No. 4711993 dated 21-03- 1994 admeasuring 40 x 60 equivalent to 266. 66 Sq. Yards situated at Perket village Armoor IVlandal, Nizamabad district bounded by North: Plot No. 13. East: 30 Ft wide Road, South: Plot No. 15, West: Plot No. 5 pending disposal of the Writ petition. Counsel for the Petitioner: SRI M.G. RAMA MURTHY REDDY Counsel for the Respondent No.1: SRI SETHU MADHAVA RAO, REPRESENTING M/s V. DYUMANI, S.C. FOR UNION BANK OF INDIA Counsel for the Respondent No.3 to 7: - The Court made the following: ORDER THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR $IzuT PETITION NO.26408 OF 2O2I-i Mr. M.G. Rarna Nlu|th)' Ileddy, learned counsel appearing for tlrr: petitioncr- Mr. V. Sethu Macihirva Rao, Iearned counsel representing Ms. V. D1'umani, learned Standing Counsei eLcpearing for the respondent No.1/Bank ORDER: (Pcr tlorr'blc.lustice Moushumi tlhattacharya) 1 . The pr-ei: ent Writ Petition is filed cl.r;illenging the Proclamatron o{ Sale under Rules 38, 52(21 of Ser-:,rnd S<:hc:dule to TI-re lncome Tax Act, 1961 read with the pror,isions of The Recovery of Dei)ts Due to Banks And Financial Institutions Act, i993 (RDB Act) in R.P.No.330 of 2O2O dated 31 .O7 .2025 issued by the respondcnt No.2/Recovery Olficer of the D,:bts Recovery Tritrunal-2 at H.1'derabad.

2. The iearned Standing Counsel appearing for the respondent No. i / The Union Bank of India subrn its that the petitioner has a statutory recourse under section 30 of the RDB Act, which provides for an appeal 'against the order of the Recovery Officer. Horvever, we note that section 3O(1) of tlte RDB Act provicles for a timc limit ol 30 days from the date on I t' 2 - which the copy of the order of the Recovery Officer is issued to the person lor preferring an appeal to the Tribunal.

3. In the present case, the time period expired on

30.08.2025. Hence, we grant liberty to the petitioner to approach the statutory forum by 22.09.2025. The respondent No.1/Bank sha-ll not take any action against the petitioner till

23.O9.2025.

4. W.P.No.264OB of 2025, along with a1l connected applications, is accordingly disposed ol in terms of the above. There shall be no order as to costs.

5. It is clear that the respondent No.1/Bank shall be at liberfy to take steps after 23.09.2025 in the event the petitioner does not approach the statutory forum under the provisions of The Recovery of Debts Due to Banks And Financial Institutions Act, 1993. //TRUE COPY' SD/. M. NAGAMANI ANT REGISTRAR ECTION OFFICER To

1. The Union Bank of lndia ( Erstwhile Andhra Bank), Sri Nagar Colony Branch, Srinagar Colony Khairatabad, Hyderabad.

2. The Recovery officer, (DRr- 2) Debt Recovery Tribunal, 1't, Floor Triveni Complex, Abids, HYderabad - 500001 \

3. One CC to SRI M.G. RAIUA MURTHY REDDY, Advocate [OPUC] 4. One CC to M/s. V. DYUMANI, S.C. for Union Bank of lndia IOPUC] 5. Two CD Copies IVIP GJP HIGH OURT DA I-ED:0310912025 1ti 17 0[T 2$fi k I, e' o --,,1/ \ ')' ORDER WP.Nc'.26408 of 2025 DISPOSING OF THE WRIT PETITION WII'HOUT COSTS M