THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.15438 OF 2001 DATED: 20-12-2006 Between: Ch. Hanumantha Rao and another . Petitioners and The Deputy Registrar of Co-operative Societies, Officer on Special Duty/ the Aryan Cooperative Urban Bank Limited, Nallakunta, Hyderabad and others .. Respondents THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.15438 OF 2001 Order: This writ petition is filed seeking a mandamus declaring the action of the respondents 1 and 2 in proposing to sell the properties belonging to the petitioners by way of public auction on 28-07-2001 at about 11.00 a.m. in pursuance of E.P.No.515/2000-A as arbitrary and illegal. It appears, the petitioners and one Madhusudhan Rao are brothers. The said Madhusudhan Rao had taken a loan from the Aryan Cooperative Urban Bank by mortgaging agricultural land in Sy.No.42 at Kismatpura village, R.R.District. When Madhusudhan Rao failed to discharge the loan, the bank obtained a certificate under Section 71 of the A.P. Co-operative Societies Act, 1964 and E.P. proceedings were initiated and the property in Sy.No.42 to an extent of Ac. 1-32 gts. of Kismatpura, Rajendranagar Mandal, R.R. District is sought to be sold in public auction on 28-07-2001. According to the petitioners, from out of the said property, Ac. 0- 32 gts. have fallen to the share of the petitioners in a family settlement. The petitioners are neither sureties nor lonees and, therefore, they are not liable to pay the amount and the authorities cannot auction the property, a part of which is in the name of the petitioners and which had fallen to the share of the petitioners under a family settlement deed and the said Madhusudhana Rao has no authority to mortgage the said property. In view of the above, without expressing any opinion on the merits of the case, the petitioners are directed to file a claim petition under Rule 52 (21) of the A.P. Co-operative Societies Rules, 1964 before the Sale Officer within a period of three weeks from the date of receipt of a copy of this order. On filing such claim petition, the Sale Officer shall entertain the same without raising any objection as to limitation and dispose of the matter within a period of four weeks thereafter. Till such time, no coercive steps shall be taken by the authorities. With the above direction, the writ petition is disposed of. No order as to costs. ____​__________ C.V. RAMULU, J 20-12-2006. IBL