IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND FOUR PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION NO : 13408 of 2004 Between: M/s Goverdhana Dall & Oil Mill Producers Rep. by its Managing Partner Kondaveeti Sri Rangarao, S/o Subbarao, Hindu, aged 49 years, Occ: Nil, Taluk Office Road, Podili, Prakasam District. ..... PETITIONER AND 1 The Chairman & Managing Director, Andhra Bank, Head Office, Saifabad, Hyderabad. 2 Andhra Bank, Rep. by its Dy. General Manager, Zonal Office, Guntur. 3 The Authorised Officer, Andhra Bank, Branch Office, Ongole, Prakasam District. 4 The Manager, Andhra Bank, Podili, Prakasam District. .....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 of Mandamus declaring the action of the Respondents in issuing the impugned public auction notice dated 2-7-2004 inviting tenders to sell the property situated in S.No. 827/2, Podili belonging to Karamsetty Kasiviswanadham and me ie., 4015.5 Sq. Yards of site and Dall Mill constructed on it along with machinery in the public auction scheduled to be held on 4-8-2004 or subsequent date as highly illegal, improper, arbitrary, unjust and violation of Art. 14 and 300-A of the constitution of India and consequently direct the Respondents to consider the representation of the petitioner dated 24-9-2003 and 24-7-2004 of One Time Settlement of the loan amount due to the Respondents by giving reasonable time Counsel for the Petitioner: MR.P.PHALGUNA RAO Counsel for the Respondent No.: The Court made the following : ORAL ORDER: This petition is filed seeking writ of mandamus declaring the action of the respondents in issuing the impugned public auction notice dated 2-7-2004 inviting tenders to sell the property situated in Sy. No. 827/2, Podili belonging to the petitioner and another ie., 4015.5 Sq. yards of site and Dall Mill constructed on it along with machinery in public auction to be held on 4-8-2004 or subsequent date as highly illegal, improper and consequently direct the respondents to consider the representation of the petitioner dated 24-9-2003 and 24-7-2004 for one time settlement of the loan amount due to the respondents by giving reasonable time and for other orders. Learned counsel for the petitioner submits that petitioner is ready to pay the amount and requested that the proposed auction shall not be go on and sought for a direction to that effect. If that be the case, the petitioner can always at liberty to approach the Authorised Officer/3rd respondent under Rule 11 of Schedule II of the Income Tax Rules which is made applicable for such sales. On petitioner approaching the third respondent for deposit of the amounts, it is for the third respondent to consider the same and pass appropriate orders. Accordingly the writ petition is disposed of. --------------------------- A. GOPAL REDDY, J Dt. 30-7-2004 Kvrk. To 1 The Chairman & Managing Director, Andhra Bank, Head Office, Saifabad, Hyderabad. 2 The Dy. General Manager, Andhra Bank Zonal Office, Guntur. 3 The Authorised Officer, Andhra Bank, Branch Office, Ongole, Prakasam District. 4 The Manager, Andhra Bank, Podili, Prakasam District. 5. Two CD copies.