IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 23304 of 2008 Between: Nalla Sree Kumar, S/o. Late Sri Nalla Satyanarayana, R/o. Flat No. 1, 1st Floor, H.No. 3-2-309/8, Somasundaram Street, General Bazar, Secunderabad. ..... PETITIONER AND 1 M/s. The Charminar Co-operative Urban Bank Limited, 1st Floor, Opp : Assembly, Saifabad, Hyderabad Rep by its Sale Officer 2 Nalla Vivekananda, S/o. Late Nalla Satyanarayana, r/o. H.No. 3-2-48, Avulamanda, Secunderabad. .....RESPONDENTS 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the in action of the 1st respondent as illegal and unconstitutional and violation of principles of natural justice and consequently direct the 1st respondent to delete the property of the petitioner i.e. Flat No. 1, premises No. 3-2-309 (Old 6959) situated 1st ﬂoor, Somasundram Street, Secunderabad from the sale of auction in EP No. 221/2003. Counsel for the Petitioner: MR.T.KISTAIAH Counsel for the Respondents: . The Court made the following ORDER: The second respondent is the brother of the petitioner. He is said to have borrowed certain amount from the ﬁrst respondent. Since there was default in payment of the amount by the second respondent, the ﬁrst respondent initiated proceedings under the Andhra Pradesh Cooperative Societies Act, 1964 and, ultimately, it ﬁled E.P.No.221 of 2003 before the Sale Officer. An item of property, namely Flat No.1, First Floor in premises bearing municipal No.3-2-309/8, Somasundaram Street, General Bazar, Secunderabad, was attached and brought to sale. The petitioner states that O.S.No.56 of 1995 was ﬁled before the III Additional Judge, City Civil Court, Secunderabad for partition of the suit schedule properties, including the ﬂat mentioned above and that by virtue of a decree, dated 27.04.1995, the ﬂat was allotted to him. It is represented that a Claim Petition was ﬁled under Rule 52 of the Andhra Pradesh Cooperative Societies Rules, 1964 (for short ‘the Rules’) before the Sale Officer. The grievance of the petitioner is that on the one hand, the Claim Petition is kept pending and on the other, steps are being taken to proceed against the property. Heard the learned counsel for the petitioner and the learned Government Pleader for Cooperation. The petitioner had already availed the remedy of ﬁling Claim Petition under Rule 52 of the Rules. The exact stage of the Claim Petition is not known. The Sale Oﬃcer is conferred with the power to determine the claims of this nature. Hence, the writ petition is disposed of, directing that the Sale Oﬃcer, Charminar Cooperative Urban Bank Limited, the ﬁrst respondent herein, shall dispose of the Claim Petition submitted by the petitioner on 25.01.2007, within a period of three (3) months from the date of receipt of a copy of this order, duly issuing notices to the aﬀected parties. Till disposal of the Claim Petition, status quo obtaining as on today shall be maintained as regards the property in question. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dt::24.10.2008. kdl