THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION NO.21787 OF 2010 ORDER: (Per the Hon’ble Sri Justice B.Prakash Rao) The petitioners, being represented by their General Power of Attorney Holder, filed this Writ Petition under Article 226 of the Constitution of India, inter alia, seeking to assail the action of the respondent-Bank in neither furnishing the information nor passing orders on the representations dated 06.08.2010 and 25.08.2010 as illegal, arbitrary and violation of principles of natural justice and to consequently direct the respondent-Bank not to take any coercive steps pursuant to the notice dated 09.03.2009 affixed to the wall of the petitioners’ premises i.e., Flat No.G2, Ground Floor of 1-10-52/A, B & C, Geethika Nivas, Chikoti Gardens, Begumpet, on 04.08.2010, in pursuance of recovery of certain amounts alleged to have been due by some other persons other than the petitioners. The case of the petitioners is to the effect that the petitioners have not borrowed any amount nor there existing any liability. The petitioners are the absolute owners and possessors of the above- mentioned Flat having purchased the same vide registered Document No.662 of 2008 dated 04.04.2008. Therefore, the title also holds good with them. Thus, the entire action of issuance of notice and alleged recovery proceedings are wholly misconceived and unsustainable. The case of the respondent-Bank is to the effect that it is one P.Kishore Kumar Reddy, who has, in fact, mortgaged the very same flat representing that he is the absolute owner and possessor of the property of which he obtained loan. Therefore, the respondent-Bank initiated recovery proceedings and accordingly, issued notice in respect of the said property. Thus, absolutely there is no justification on the part of the respondent-Bank. Heard Smt.G.Jhansi, learned counsel appearing on behalf of the petitioners and Sri B.S.Prasad, learned Standing Counsel appearing on behalf of the respondent-Bank. The matter was heard earlier in detail and in depth. The grievance of the petitioners is in regard to the correctness of the recovery proceedings initiated by the respondent-Bank in respect of the aforesaid Flat. During the course of arguments, the parties went to the extent of stating that there is dispute in regard to the identity of the Flat. Therefore, as per the detailed order dated 08.09.2010, this Court appointed an Advocate-Commissioner to conduct local inspection of the said Flat and submit a report. Accordingly, the learned Advocate- Commissioner submitted a report dated 13.09.2010. We have perused the said report. On verification by the said Advocate-Commissioner, there is no dispute in regard to the fact that the Flat belongs to the petitioners. Later on, when the matter has come up for hearing, learned counsel for the petitioners submitted that the respondent-Bank has already handed over the premises to the said P.Kishore Kumar Reddy and from him to the petitioners. Learned Standing Counsel appearing on behalf of the respondent-Bank submitted that subsequently, the entire amounts due have been cleared and there exists no liability. Therefore, it is the petitioners, who are in absolute possession and enjoyment of the Flat. Thus, there is no dispute at all. In view of the aforesaid submissions, especially there being no dues at all and also the fact that the petitioners are in possession, nothing remains to be considered. However, we make it clear that if at all the respondent-Bank wants to proceed against the said property on the premise of any such liabilities being found against the said P.Kishore Kumar Reddy, necessarily, it cannot be done without a proper decree obtained after deciding right, title, interest, vis-à-vis, against the petitioners herein. As long as the petitioners are not bound to be held liable, any decrees from Court of law proceeding against them or even against the aforesaid property also does not arise nor can it be permitted either on law or facts. Subject to the above, the Writ Petition is allowed in terms thereof. No costs. _________________ (B.PRAKASH RAO, J) ________________ (B.N.RAO NALLA, J) 28th September 2010 RRB