HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.17564 of 2011 ORDER: This writ petition has been filed to declare the action of the respondents in proposing to conduct public auction of sale of petitioner’s house bearing door No.27-8-42, situated in Sy. No.366-2A of Mudireddypalli village, Kotnuru Polam, Hindupur Mandal, Ananthapur District, as illegal and arbitrary. 2. The admitted facts are that the petitioner availed a loan of Rs.1,50,000/- from the 3rd respondent-Society by mortgaging the said house property as security. As he defaulted in repayment, proceedings were taken under Rule 52 of the A.P.Co-operative Society Rules, 1964 (for brevity ‘the Rules, 1964’), by ordering sale of property by way of public auction on 11-12-2009. Questioning the same, the petitioner filed W.P.No.27131 of 2009 and initially obtained an interim order staying the auction on condition of depositing 1/3rd of the E.P. amount. The said writ petition was disposed of by directing the petitioner to deposit an amount of Rs.3.00 lakhs within a period of two months from the date of receipt of a copy of that order. 3. Admittedly, the petitioner did not comply with the said order. Therefore, the 1st respondent has issued fresh notification for conducting auction on 24-06-2011. The petitioner has challenged the said auction notice in this writ petition contending that the impugned auction notice has been issued without notice to him and that he made an application to the 3rd respondent for one time settlement of his account. 4. I am unable to accept the contention. As stated above, the proceedings initiated under Rule 52 of the Rules, 1964, were concluded and auction was proposed, against which the petitioner availed the remedy by filing writ petition inviting an order from this Court directing him to deposit the amount. Admittedly, the petitioner has not complied with the said order. Therefore, it cannot be said that the proceedings were initiated for recovery of the amount without notice to the petitioner. The petitioner has apparently approached this Court to delay and defeat the recovery due from him without any bona fides. 5. Therefore, I am not inclined to admit the writ petition. The writ petition is accordingly dismissed. No costs. ________________ NOUSHAD ALI, J. 22 -09-2011 Kvr