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 : 9208 of 2004 Between: Dr. Surya Prakash Rao S/o B. Veerabhadracharyulu R/o 13-1-39/1, Malkajgiri, Ranga Reddy district ..... PETITIONER AND 1 The District Registrar/District Co-operative Officer, Hyderabad (Urban) District, Hyderabad 2 The Prudential Co-op Bank Ltd., R.P Road, Secunderabad, rep by Managing director, Secunderabad .....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 issue anorder or direction more particularly one in the nature of Writ of Mandmaus declaring the action of the respondents herein in issuing the impugned sale notice LF No. DDHP 15014 in EP NO. 397/2003 PCB, dt 21-04-2004 as illegal, arbitrary and against the principles of natural justice and consequently direct the respondents herein not to proceed with the sale of the petitioners property bearing H. No. 13-1-39/1 at saipuri Colony, Malkajgiri, Ranga Reddy District in pursuance of the sale notice LF No. DDHP 15014 in EP No. 397/2003 PCB, dt 21-04-2004 on the file of the 1st respondent till the disposal of the set-aside application filed by the petitioner vide I.A. SR. No. 7163/03 in O.P. No. 891/03 on the file of the Co-operative Tribunal, Hyderabad Counsel for the Petitioner:MR.PETER FABER Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 9208 of 2004 ORAL ORDER: This writ petition has been filed by the petitioner seeking to declare that the sale notice dated 21.4.2004 in E.P No. 397 of 2003 issued by the respondents is illegal, arbitrary and against to the principles of natural justice. It is the case of the petitioner that he opened an O.D Account and took a loan and failed to repay the said amount, therefore, O.P. No. 891 of 2003 was filed before the Cooperative Tribunal for realizing of the amount and the said suit was decreed ex-parte and an application in I.A No. 1096 of 2003 was filed to set aside the ex-parte decree order along with a delay condonation petition. Under One Time Settlement scheme (for short OTS) the petitioner’s account was settled and he paid the entire due amount and O.D account of the petitioner has been closed on 30.1.2008. Since the relief sought for in this writ petition is challenging the sale notice and as the account of the petitioner was closed, the question of proceeding with the sale, does not arise. Hence, no cause of action survives and the writ petition is dismissed as infructuous. No costs. ______________ G.YETHIRAJULU,J DATE: 26.2.2008 TVK THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 9208 of 2004 Date: 26.2.2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}