HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G. SHANKAR W.P. No. 20997 of 2011 DATED: 26.07.2011 Between: Pokuri Seshagiri Rao .. Petitioner And Debts Recovery Tribunal and four others .. Respondents O R D E R:- (Per Hon’ble Sri Justice Ghulam Mohammed) The petitioner asserts that he, being a guarantor to the loan availed by the 4th respondent from the 3rd respondent-Bank, mortgaged an extent of Ac.0.50 cents of land situated at D.No. 450/3 of Ganapavaram village, Nadendla Mandal, Guntur District, which is referred to as “Schedule-E” Property. While so, it is stated that when the 4th respondent - principal borrower failed to repay the loan, the 2nd respondent-Recovery Officer issued Auction Notice dated 19.05.2011 proposing to auction the property, and subsequently, auction was conducted on 27.06.2011 at lowest price of Rs.31,00,000/- in favour of the 5th respondent, without there being any proclamation for sale of immovable property by beat of drums or any customary mode which is mandatory under Rule 53 of the Recovery Rules. Then, the petitioner filed couple of petitions on 18.07.2011 before the 2nd respondent- Recovery Officer seeking to grant sometime for depositing the sale price with all penalties and also requesting not to confirm the sale, but the Recovery Officer simply returned those applications and the sale is going to be confirmed on 27.07.2011. Therefore, the petitioner filed an application in M.A. No. 38 of 2011 in R.P. No.16 of 2006 in O.A. No. 172 of 2003 seeking stay of all recovery proceedings including not to confirm the sale, but the grievance of the petitioner is that the 1st respondent-Debts Recovery Tribunal has not considered and passed any orders on his application. Hence, the petitioner has field the present writ petition seeking appropriate directions. Having heard the learned counsel for the petitioner and having regard to the fact the application said to have been filed by the petitioner in M.A. No. 38 of 2001 is pending consideration for disposal by the Tribunal, and the fact that the confirmation of sale of the immovable property is going to take place on 27.07.2011, we are not inclined to go into the merits of the case, but deems it appropriate to dispose of the writ petition with the following directions: “The 1st respondent – Debts Recovery Tribunal, Visakhapatnam, is directed to consider and dispose of the application filed by the petitioner in M.A No. 38 of 2011 in R.P. No. 16 of 2006 in O.A. No. 172 of 2003 by 19.08.2011 in accordance with law. Till such time, the auction conducted on 27.06.2011 in respect of “E” Schedule Property, shall not be confirmed.” Subject to the above directions, this writ petition is disposed of. No order as to costs. _____________________ GHULAM MOHAMMED, J 26.07.2011 _______________ K.G. SHANKAR, J bcj