IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 5122 of 2002 Between: M/s. A.A.Techno Services, Rep. by its Proprietor, Mir Liaq Ali, S/o.Mir Baquer Ali, R/o.4-71/B/1, Road No.6, Venkateswara Colony, Saroor Nagar, Hyderabad. ..... PETITIONER AND 1 The Deputy Registrar, Office on Special Duty, Co-operative Societies, Sitting in Charminar Co-operative Urban Bank Hyderabad. 2 The Sub-Registrar/Sale Officer, Charminar Co-operative Urban Bank Limited, Mehdipatnam, Hyderabad. 3 The Branch Manager, Charminar Co-operative Urban Bank Limited, Puranihaveli, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus, or any other appropriate Writ or order or direction, declaring the action of the respondents in seeking to recover Rs.14,30,325/- without waiting for the outcome of the appeal before the Appellate Tribunal and notifying the sale of the Properties of the Petitioner Shop No.17-90. A.P.Co- operative Bank Building, Chaitanyapuri, Dilsukhnagar, Hyderabad Plot No.17/A in Sy.No.128/12, ameasuring 218 Square Meters at Saroornagar Village, Hayatnagar Taluk, R.R.District and guarantors Vide proceedings dt:30.1.2002 in E.P.No.342 of 2001 and sealing of the shop of the petitioner as illegal and unconstitutional and aginst rules and consequently set aside the sale orders dt:30.1.2002 in E.P.No.342/2001 with consequential rellief and pass. Counsel for the Petitioner:MR.K.S.MURTHY Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 5122 of 2002 ORAL ORDER: This writ petition has been filed by the petitioner seeking to declare that the action of the respondents in seeking to recover Rs.14,30,325/- without waiting for the outcome of the Appeal before the Appellate Tribunal and notifying sale of the properties of the petitioner, as illegal and arbitrary. The grievance of the petitioner is that when an appeal preferred by him is pending before the Appellate Tribunal, the first respondent resorted to auction the properties, therefore the petitioner sought to declare that the action of the respondents is illegal. Learned Assistant Government Pleader appearing for first respondent represented that as per the instructions given by the first respondent, no appeal is preferred by the petitioner and on verification of the writ petition, there is no mention of the appeal number, so filed by the petitioner. It is further represented that interim directions given by this Court staying the auction of the property on condition of depositing Rs.3,00,000/- was also not complied with despite repeated extensions by this Court and ultimately the properties were auctioned on 18.7.2002 and after collecting the sale proceeds the properties were also registered in the name of the highest bidder in the auction. In the light of the above circumstances, the writ petition become infructuous and hence dismissed as infructuous. No costs. ________________ G.YETHIRAJULU,J DATE: 26.2.2008 TVK THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 5122 of 2002 DATE: 26.2.2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TML}