THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 26085 OF 2007 Between: Kella Bhaskara Rao S/o Pullaiah ..... PETITIONER AND The State Bank of Hyderabad represented by its Assistant General Manager and two others .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed by the petitioner challenging the action of the respondents 1 and 2 in issuing the impugned notice dated 13.10.2007 and affixing the same on the wall of his residential house bearing No. 4-3-9 and 10, 6th ward, Suryarao Colony, Palakollu, West Godavari District on 27.1.2007 under Section 13(2) of the Securitisation and Reconstruction of Financial Asses and Enforcement of Security Interest Act, 2002 (for short “ the SRFAESI Act”) as illegal and arbitrary. Brief facts of the case are that the petitioner is a driver in the APSRTC, Narsapur Depot , West Godavari District and he is the absolute owner of the residential house bearing No. 4-3-9 and 10 in the 6th ward in the Suryarao Colony, Palakollu, West Godavari District. It is stated that he purchased the thatched house through registered sale deed No. 355/1990 on 12.12.1990 and since then he is in possession of the said property. It is also stated that on 27.10.2007 the Bank officers viz., respondents 1 and 2 came to his house and without giving any information to him they affixed a notice dated 13.10.2007 on the wall disclosing that his residential house property was got mortgaged by one Sri Murapaka Trimurthulu i.e., the third respondent by availing loan and due to non-payment of the same, the bank officials put a public auction for realization of the amount of Rs. 1,50,000/- under Section 13(2) of the SRFAESI Act. It is stated that if the public auction is allowed to go on, the petitioner will be put to irreparable loss and hardship. The Bank filed a detailed counter affidavit mentioning all the facts. The relevant portion, which is at paragraph 6 reads as under: “In reply to the averments in Para No. 3 of the affidavit, the respondents herein humbly submit that, it is not true that the petitioner is the absolute owner of the residential house bearing No. 4-3-9 and 10 in 6th Ward in Surya Rao Colony, Palakollu. It is true that the petitioner purchased the notice schedule property from M. Krishnaveni, M. Venkataramanamma & M. Venkataramana Murthy on 12.2.1990 vide. Regd. Deed No. 355/1990 and thereafter sold it to the 3rd respondent herein (who was working as an employee in our Anakapalli Branch as Head Cashier) on 30.12.1991 vide Regd. Sale Deed No. 3818/1991. The sale consideration was passed on to the vendor by Palakol branch pay order No. 470847 dt. 26.12.1991 for Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only). Therefore the petitioner ceased to be the owner of the notice schedule property by virtue of said sale in favour of 3rd respondent and as such his claim that he is still the absolute owner is false. I humbly submit that, petitioner may be continuing to live in the said property and this respondent-Bank is not aware of payment of house tax by the petitioner herein to all concerned authorities. The petitioner is put to strict proof of the said averments.” It is stated by the Bank that they have received Andhra Bank pay order bearing No. 463623 dated 16.9.2009 for an amount of Rs. 1,38,985/- through Sri K. Bhaskar Rao , petitioner herein, for the credit of the proceeds to the housing loan account of Sri K. Trimurthulu and the documents will be released as per the direction of the Court. As the petitioner has already paid the entire amount to the credit of the account of the loanee, the Bank is directed to release the documents and title deeds to the petitioner by registered post with acknowledgement due, together with no due certificate of the loanee account, within a period of two weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. _______________________ GHULAM MOHAMMED,J _______________________________ NOOTY RAMAMOHANA RAO,J 22.09.2009 KA Note: Furnish copy in three days. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.