IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.412 of 2005 Date: 11th November, 2010 Between: Khaja Ahmed Moinuddin and others. .. Petitioners And The Joint Registrar/O.S.D/FR127 Charminar Cooperative Urban Bank Ltd., Hyderabad and another .. Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.412 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in issuing Notice of sale dated 18.12.2004 without disposing of the claim petition in E.P.No.488 of 2002 dated 14.10.2004 as arbitrary, illegal and contrary to Rule 52(21)(a) of A.P. Cooperative Societies Act, 1964. It appears, earlier when the petitioners filed W.P.No.20923 of 2003 questioning the order made in E.P.No.488 of 2002 dated 23.8.2003 calling for public auction of the entire property bearing No.2- 4-436 (new No.2-4-444/2/1), admeasuring 250 sq.yards, Krishna Nagar, Kachiguda, Amberpet, Hyderabad, this Court while dismissing the said writ petition, directed the petitioners to file claim petition under Rule 52(21)(a) of A.P. Cooperative Societies Rules before the Sale Officer, Charminar Cooperative Urban Bank Ltd., (under liquidation) at Hyderabad. According to the petitioners, they have filed claim petition, but till date the same is not disposed of. While that being so, respondents have again notified the matter for public auction. Hence this writ petition. This Court, while ordering notice before admission on 20.1.2005, granted stay of sale of property in pursuance of the impugned sale notice on condition of petitioners depositing a sum of Rs.3,00,000/- within a period of one week from that date. It appears, though the said order was extended further on 16.6.2006, petitioners have not complied with the said condition. It was made clear in the said order that if the order is not complied within the said period, the same shall stand vacated automatically without further reference to the Court. If the amounts are not paid, the stay stands vacated automatically. However, in view of the submission made by the learned counsel for petitioners that the claim petition filed by the petitioners in E.P.No.488 of 2002 is not disposed of, the Sale Officer is directed to dispose of the claim petition filed by the petitioners, if not already disposed of, within a period of three weeks from the date of receipt of this order, after affording opportunity to the petitioner. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 11.11.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.412 of 2005 11.11.2010