IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24940 of 2007 Between: Mohd. Iqbal, S/o. Shaik Mahboob, aged 50 years, Occ: Private Service,R/o. H.No. 18-8-244/A/31,Fathe Shah Nagar,Edi Bazar, THROUGH HIS G.P.A. Smt. Shah Jahan Begum, W/o. Mohd. Iqbal, aged 40 years, Occ: Household, H.No. 18-8-244/A/31,Fathe Shah Nagar,Edi Bazar, Hyderabad. A.P. ..... PETITIONER AND 1 The Joint Registrar of co-operative Societies Office at Namp Nampally, Hyderabad. 2 The Charminar Co-operative Urban Bank Ltd., Nampally Branch at 11-3-161, III Floor, Mallepally, Hyderabad-A.P. .....RESPONDENT(S) 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 Writ of Mandamus or any other appropriate writ order or Direction declaring the action of the respondents in passing the order in File ARC No. 61/2003 for recovery of Rs. 7,18,320/- together with interest at the rate of Rs.22/- and issuing notice for sale of House No. 18-8-244/A/31, extent 154 sq.yards situated at Moin Bagh Edi Bazar, Hyderabad, by public auction schedule on 24-10-2007 or any other date illegal, arbitrary, unconstitutional and violative of principles of natural justice and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.MOHD. GHULAM HUSSAIN Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24940 of 2007 ORDER: This writ petition is ﬁled assailing the steps initiated by the respondents to bring an item of property of the petitioner to sale for recovery of loan amount. It is stated that the respondents instituted A.R.C.No.61 of 2003 before the 1st respondent for recovery of certain amount and that award was passed on 27.06.2003 for a sum of Rs.7,18,320/-. It is stated that an order was passed in E.P.No.235 of 2003 and on the basis of the same, the sale is being effected. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2nd respondent. The respondents proceeded on the assumption that the order in A.R.C.No.61 of 2003, dated 27.06.2003 and the one in E.P.No.235 of 2003 have become ﬁnal. Learned Standing Counsel has placed before this Court an order, dated 26.10.2006, in C.M.A.No.373 of 2003 on the ﬁle of the A.P.Co-operative Tribunal, Hyderabad, in which the order in A.R.C.No.61 of 203 and consequential order in E.P.No.235 of 2003 were set aside. It is represented that in the notiﬁcation of sale, dated 18.10.2007, the property of the petitioner was wrongly included. Therefore, no orders are necessary in this writ petition and it is accordingly closed. There shall be no order as to costs. _________ 10.11.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24940 of 2007 Date: 10.11.2008 JSU