THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI SAMUDRALA GOVINDARAJULU W.P.NO.12275/2009 Dt.19-10-2009 R. Gayathri ..Petitioner V. 1. Canara Bank, represented by its Chief Manager, Sainikpuri Branch, Secunderabad and others. …Respondents. THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI SAMUDRALA GOVINDARAJULU W.P.NO.12275/2009 ORAL ORDER (Per the Hon’ble Sri Justice A. Gopal Reddy) This writ petition is filed by the petitioner questioning the orders of the second respondent, District Collector & Magistrate, Ranga Reddy District dt. 5-6-2009 in proceedings No.H3/1493/2009 authorizing the third respondent, Tahsildar, Malkajgiri Mandal, Malkajgiri, Ranga Reddy District, to take possession of the mortgaged property under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the Act”) and handover the same to the Chief Manager, Canara Bank, Sainikpuri Branch who is authorized for obtaining orders for taking physical possession or to recover the amount due fro the defaulting borrower under the Act by the Canara Bank. The petitioner claiming to be the absolute owner and possessor of house bearing No.29-1432/165 on plot No.165 in S.Nos.281, 282/1,287 and 288/1 ad-measuring 240 sq.yards, in which she constructed a flat which is residential semi finished Flat No.S-206 in 2nd Floor of “Sai Lakshmi Nilayam” with plinth area of 920 sq.ft and she is in possession and enjoyment of the same. While so, her tenant informed on 19-6-2009 that the officials of the third respondent office came to the flat and intimated that they intend to take possession of the property as per the orders of the second respondent. Immediately, she approached the third respondent, who furnished a copy of the proceedings dt. 5-6-2009. After seeing the order dt. 5-6-2009, the petitioner stated to the third respondent that she is no way concerned with the said loan transaction with the first respondent bank and she is no way concerned with K.V.S.S. Satyam who obtained loan from the first respondent-bank. Due to the apprehension that the respondents may take possession of the property, the petitioner filed the present petition seeking a Writ of Mandamus directing the respondents not to interfere with the possession and enjoyment of the petition schedule property of the petitioner. The first respondent filed an affidavit categorically admitting in para 6 that the sale deed purported to have been executed on 24- 6-2004 by S. Sai Saritha directly in favour of the petitioner is bearing document No.3955/2004. In the said document, Flat Number is referred to as S-206, whereas in the sale deed executed in favour of the borrower/mortgagor, the flat number is referred to as S-2. The property which is claimed under the document No.3955/2004 by the petitioner is altogether a different property than what is mortgaged with the bank. Flat No.S-206 forms part of the building named and styled as “Sai Lakshmi Nilayam”, but the property mortgaged with the Bank bearing Flat No.S-2 forms part of “Sai Teja Enclave”. It is clear the property claimed by the petitioner under document No.3955/2004 is altogether a different property and not the property which was mortgaged in favour of the Respondent No.1-Bank. In view of the same, the apprehension of the petitioner that the third respondent will take possession of the property and hand over the same to the Bank is not well founded. If the petitioner had any right over the petition schedule property, which is now going to take possession by the third respondent pursuant to the impugned order passed by the second respondent, the remedy of the petitioner, if any, is to file an appeal, under Sec. 17 of the Act or file a civil suit to safeguard her interest over the suit schedule property. Since the dispute is with regard to identity of the property, the same cannot be adjudicated in an enquiry under Art. 226 of the Constitution. The writ petition fails and is accordingly dismissed at the admission stage. No costs. _______________ A. GOPAL REDDY, J _________________________ SAMUDRALA GOVINDARAJULU,J Date: 19-10-2009 kmr