IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.5641 of 2001 Between: Mohd. Pyara, S/o. Allah Baksh, R/o. H.No. 1-3-212, near Mochisangam, Metpally, Karimnagar District. ..... PETITIONER AND 1 Special Cadre Deputy Registrar& Regioanl Manger's A.P. C CO-Operative Housing Societies Federation Limited, Bagh Lingampally, Hyderabad., 2 Secretary, Indira Co-Operative House Building Society Ltd., Metpally, Karimnagar District., .....RESPONDENTS 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, order or direction more particularly one in the natue of Writ of Certiorari calling for the records relating to the issue of sale notice dt.19/2/2001 issued by the 1st Respondent herein and quash the same by declaring it as illegal arbitrary and unenforceable and pass Counsel for the Petitioner:MR.S.SATYAM REDDY Counsel for the Respondent: MRS.M.UMA DEVI FOR R The Court made the following: Form-NIC-OGS/WP{VVS} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.5641 of 2001 O R D E R: None appears for the respondents. The petitioner questions the issuance of the sale notice dated 19.02.2001 issued by the 1st respondent for recovery of Rs.1,70,308-20 ps as on 01.10.2000 along with further interest accrued thereon in E.P.14/92 in respect of the house mortgaged to the A.P.Housefed, Hyderabad and assigned to Indira CHBS Limited, Metpally. It is the case of the petitioner that he has constructed a house near Mochisangam, Metpally, Karimnagar in 1982 by availing a loan of Rs.22,500/- from out of total sanctioned loan amount of Rs.45,000/-. It is stated that the petitioner paid a sum of Rs.80,000/- towards the principal and interest. But without taking into credit of the said payment, the 1st respondent issued the sale notice dated 19.02.2001. It is the contention of the petitioner that the loan amount taken by him is only Rs.22,500/- but in the notice a sum of Rs.78,645/- has been shown as principal amount and therefore, the impugned notice is illegal and arbitrary. This Court while admitting the writ petition granted interim suspension of the operation of the impugned notice by order dated 29.03.2001 in WPMP.7196/2001. No counter is forthcoming. As the matter relates to the year 2001 and as no counter was forthcoming, the writ petition is disposed of, directing the respondents to furnish the factual amount of sanction and actual amount taken by the petitioner and the interest accrued thereon, within a period of four weeks from the date of receipt of a copy of this order and communicate the same to the petitioner giving reasonable time for payment, and if the petitioner failed to pay the same within stipulated time, thereafter it is open for the respondents to proceed for recovery of the said amount in accordance with law. The Writ Petition is accordingly disposed of. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 05.06.2009 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Special Cadre Deputy Registrar& Regioanl Manger's A.P. C CO-Operative Housing Societies Federation Limited, Bagh Lingampally, Hyderabad., 2 Secretary, Indira Co-Operative House Building Society Ltd., Metpally, Karimnagar District., 3.2CCs to 4.2CD copies