✦ High Court of India · 03 Feb 2025

High Court · 2025

Case Details High Court of India · 03 Feb 2025
Court
High Court of India
Decided
03 Feb 2025
Length
1,018 words

lMr. Yerukali Ravi Kumar, S/o: Ramulu, R:/o H. No. 8-5, Thoodukurthy Village, District - 509 235. Aged about 40 years, Occ. Business, Nagarkurnool [\,4andal, Nagarkurnool ...PETITIONER AND I The Reserve Eank of lndia, Rep. by its Chairman, Situated at Secretariat Road, Saifabad, Khairatabad, Hyderabad, Telangana - 500 004. 2 l) 4 The Commissioner, Commissionerate of lndustries, Government of Telangana, Hyderabad. The Chief Secretary, Ministry of Industries, At Secretariat, Government of Telangana, Hyderabad. State Bank of lndia, Stressed Assets Recovery Branch, (SARB), 2nd Floor, TSRTC Commuter Amenity Centre, Bus Terminal Comp.ex, Koti, Hyderabad - 500 095. ...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 pass order or orders direction more particularly in the nature of Writ of Mandamus or any other appropriate writ, order direction to set aside the Auction sale notice dated 1611112024 fixing the date of auction on 1711212024 by the respondent No 4 in respect of Vehicles bearing registration No. TS31TA5955, TS31TA0009, TS31TA0555 and TS31TA5999 is without following the due procedure contemplated under the Act as illegal, null and void without following due process of law contemplated by the respondent No.1, consequently direct respondent No. 4 to regularize the loan account of the petitioner by claiming the ';ir. subsidy amount fronr the respondent No. 2 under the scheme oi r-pRIDE (TSp) in pursuance of tlre Lr. No. col/tNC20230306203763, DATED 13107/2023 for an amount of Rs. 66,14,097/- and consequenfly direct the respondent No.4 to release the vehicles whiclr rvere seized on 26104t2O24. lA NO: 1 OF 2024 Petition under section 151 cpc praying that in the circums,tances stated in the affidavit filed i1 support of the petition, the High court may ber pleased to stay of all further proceedings in pursuance of the E-Auction sa e notice dated 1611112024 issuec bv the respondent No 4 fixing date of auction on 1711212024 in respect of Vehi,:les bearing registration No. TS31TAS955 TS31TAo0o9, TS3'1TA0555 and TS31 TA5999. lA NO: 2 OF 2024 Between [tL fgryf-atiR,rvi{umar S/o: Ramutu, Aged about 40 years Occ. Business, K/o t1. No. U-l). lhoodukrtrthy Village. Nagarkurnoor Mand;rl. Nagarkurnooi District - 50E it35. ...PETITIONER AND 1 2 4 lhe fe^sqry5, Brnk of lndia, Rep. by its Chairman, Situated at Secretanat Road, Saifat,ad, Khairatabad, Hyd6rabad, Telangani-- 5OO 0C,4 The Commiss cner, Commissionerate of lndustries, Governmcrnt of Telangana, Ilyderabad. The Chief Sercn-'tary, IVinistry of lndustries, At Secretariat, Gor,ernment of r etangana. H\ clerabad. 9!{"_Prtrt of lndia, Stressed_ Assets Recovery Branch, (SARET), 2nd Floor, TSRTC Comrruter Amenirv Centre, Aus terminiibomp.ex K rii. Htder;b;d - 500 095 5 Telangana State Road Transport Corporation, Corporate Office, Operations (PLG) Deparlment, Mushirabad, Hyderabad Rep. by Regional IManger. ...RESPONDENTS ...PROPOSED RESPONDENT/RESPONDENT NO.5 Petition under s;ection r si cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to implead the proposed Respondent i.e Telangana State Road Transport -r"1\ ,''i!:i') ( '.l*f:-i Corporation, Corporate Office, Operations (pLG) Department, IVlushlrabad, Hyderabad, Rep. by Regional lVlanager, as Respondent No. 5 in Wp No. 35323 of 2024 as necessqry party. Counsel for the Petitioner: SRI G. SAIEH, REPRESENTING SRI D. RAGHAVULU Counsel for the Respondent Nos.2 and 3: AGp FOR COMMERCE AND INDUSTRIES Counsel for the Respondent No.4: SRI CHITHARI PRABHAKAR Counsel forthe Respondent No.1: NONE APPEAREO The Court made the following: ORDER Y.'ie "$'o#? t -{:llrs THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.35323 OF 2o24 ORDER: This 'writ petition is filed seeking the following relief: " ... to pass order or orders directior more particula.rly in the nature of Writ of Mandamus or any other appropriate writ, order direction to set aside the Auction sale notice dated 16/1112024 hxing the date of auction on 17 / 12 / 2024 by the respondent N o.4 in respect of Vehicles bearing registration No TS31T45955, TS31TA0009, TS31TA0555 and TS31TA5999 is r;yithout following the due procedure contemplated under r:he Act as illegal, nu1l and void without foliowing due process of iaw contemplated by the respondent No. 1, consequently direct respondent No.4 to regularize the loan account of the petitroner by claiming the subsidy arnount from the respor:Ldent No.2 under the Scheme of T PRIDE ('.lSP) in pursuance of the Lr.No.COI/lNC2O23O3O62)3763, DATED l3/O7 12023 for an amount of Rs.66,72t,O97 /- and consequently direct the respondent No.4 to release the vehicles which were seized on 261 04 /2024 and pass. .... "

2. Hearcl Sri G.Satish, learned counsel ropresentin*, Sri D.Ragha./ulu, learned counsel for petition()r, learned Assistant (iovernment Pleader for respondent Ncs.2 and 3 and Sri Chithari Prabhakar, learned counsel for respondent No.4. No representation on behalf of respondent l'{o.1.

3. During the course of hearing, learned counsel for respondent No.4 submits that pursuant to the impugned auction sale notice, dated 16.11.2024, auction was not {--9 \ ,.:$ ,"1:;'/ ',d;-ti 2 conducted due to want of bidders. By virtue of the same, the cause in the writ petition does not survive.

4. Recording the said submission, this writ petition is closed. However, the petitioner is granted liberty to avail remedies as available under law whenever respondent No.4 initiates the proceedings including proposa-l to conduct the auction sale. No costs. Miscellaneous petitions, if any, pending in this writ p etition shall stand closed. //TRUE COPY// SD/- T. JAYASREE T REGISTRAR ASS T S CTION OFFICER

1. One CC to Sri D. Raghavulu, Advocate [OPUC] 2. fwo CC to The GP foi lndustries and Commerce, High Court forthe State of Telangana, at Hyderabad[OUT]

3. One CC to Sri Chithari Prabhakar, Advocate [OPUC] 4. Two CD Copies r 1 To, TJ"'w r:,u -/:;'i t'' 'n{-L'. r t' t HIGH COURT DATED:0310212025 ORDER WP.No.35323 of 2024 HE :iLiI.(. 3 09 APB 2[25 , t f/Fsr,/,,'rc t't((, CLOSING THE WRIT PETITION WITHOUT COSTS b b> <.-,) _l {

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