IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 6781 of 2005 Between: Andha Bank, a Nationalised by Bank constituted under the Banking Companies (Acquisition and Transfer of Understanding Saifabad, Hyderabad having various Branches, all over India and among one of its Branch at Prakashamnagar Branch, Hyderabad, Rep. by its Chief Manager,& G.PAHolder Sri G. SudharshanRao, S/o.VenktaNarasimha,S.R.Nagar, Hyderabad. ..... PETITIONER AND 1 Co-op Sub-Registrar/Sale Officer, Megha City Co-operative Urban Bank Ltd., Under Liquidation D.No. 4-1-824/A, 1st Floor, Diamond Complex, M.J. Road, Hyderabad. 2 Mega City Co-op. Urban Bank Ltd. Represented by its Person-in-charge, Under Liquidation D.No. 4-1-824/A, 1st Floor, Diamond Complex, M.J. Road, Hyderabad. 3 Sri G. Prasanna Kumar, S/o. G. Venkat Ramana, R/o. Flat No. 402, 2nd Floor, Sindhu Mansion, Hafeezpet, Serilingampally Municipality, R.R. 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 may be pleased to call for records and to issue a Writ, order or direction more particularly a Writ of Mandamus declaring that the action 1st Respondent in refusing to receive and entertain the Claim petition ﬁled by the petitioner's Bank for adjudication of the Claim under Rule 52 Sub Rule 21(a) of A.P. Co-operative Societies Rules, and also consideration of the application for stay of proposed auction of the property mortgaged to petitioner Bank on 30-3-2005, in E.P.No. 895/2004 of ﬁled by Respondent No. 2-Bank as the same is violative of principles of law as laid down by this HOn'ble Court and pass such other order or orders having regard to the facts and circumstances of the case. Counsel for the Petitioner:MR.P.V.UMASHANKARA RAO(not present) Counsel for the Respondents: GP FOR COOPERATION FOR R1 None appeared for R2 and R3. The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6781 of 2005 ORDER: This writ petition is ﬁled for a Writ of Mandamus to declare the action of respondent No.1 in refusing to receive and entertain the claim petition ﬁled by the petitioner-Bank for adjudication of its claim under Rule 52 (21) (a) of A.P.Co- operative Societies Rules, 1964 (for short ‘the Rules’). 2. The petitioner claims that respondent No.3 was advanced Housing Loan of Rs.7,50,000/-, who mortgaged his residential ﬂat bearing No.204 by deposit of title deeds. The petitioner averred that, when it came to know through letter, dated 17.02.2005, addressed by respondent No.3 that the Divisional Co-operative Oﬃcer, Golconda Division, passed a distraint order in E.P.No.894 of 2004 and that, subsequently, Respondent No.3 also informed that his ﬂat, which was mortaged to the petitioner, was proposed to be auctioned on 30.03.2005, it ﬁled a claim petition under Rule 53 (21) (a) of the Rules. The grievance of the petitioner is that respondent No.1 has not entertained the said application. 3. At the hearing, there is no representation for the petitioner. Heard the learned Government Pleader for Cooperative Societies and perused the record. 4. Though the petitioner vaguely stated that its claim petition was not entertained by respondent No.1, neither it has given the date and other details of the claim petition nor ﬁled a copy of the same. Be that as it may, as rightly pleaded by the petitioner, it is the duty of the sale Oﬃcer to entertain and investigate into the claims and objections ﬁled by any person to the attachment of any property and dispose of the same on merits. 5. In this view of the matter, the writ petition is disposed of, with a direction to respondent No.1 to receive the claim petition from the petitioner, if the same is ﬁled within a period of four weeks from today, and dispose of the same on merits, before seeking to proceed further in respect of the property of respondent No.3. _______________________ C.V.NAGARJUNA REDDY,J 26.08.2008 v v