IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 26010 of 2005 Between: S.V.Krishna Prasad, S/o.S.Hanumantha Rao R/o.5-34, Durga nagar, Dilsukhnagar, Hyderabad ..... PETITIONER AND 1 The Deputy Registrar of Co-operative Societies, Divisional Cooperative Office, Hyderabad East Division, Chaitanyapuri Dilsukhnagar, Hyderabad 2 The Co-operative Sub-Registrar cum Sales officer C/o.The Model Cooperative Urban Bank Limited 5-23, Durganagar, Dilsukhnagar, R.R.District Hyderabad 3 The Model co-operative Urban Bank Ltd., rep. by its Managing Director,5-23, Durganagar, Dilsukhnagar, R.R.District Hyderabad 4 Ch.Sri Hari S/o.Sastrulu, H.No.18-139/1, Road No.5, Kamalanagar Colony, Dilsukhnagar, hyderabad ...RESPONDENTS Counsel for the Petitioner: MR B.MAHENDER REDDY FOR MR.P.MURALI KRISHNA PRASAD Counsel for respondents 1, 2 & 4: NONE APPEARED Counsel for respondent No.3: MR CH.SASHI BHUSHAN FOR MR SRINIVAS VELAGAPUDI The Court made the following : O R D E R: This writ petition is filed for the following substantive relief: “It is therefore prayed that this Hon’ble Court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st and 2nd respondents in not granting either a certificate of sale in favour of the petitioner herein, in respect of the immovable house property sold in open auction held on 02-12-2003 till today, or alternatively in not refunding the entire amount of Rs.9,02,000/- deposited by the petitioner herein with 3rd respondent Cooperative Bank, in compliance of the auction sale during month of December, 2003 along with reasonable interest as the same is highly illegal, arbitrary, perverse, unlawful and violative of the legal right acquired by petitioner, consequently direct the 1st respondent herein to refund the entire amount of Rs.9,02,000/- to the petitioner herein along with reasonable interest of 9% p.a from the date of deposit till the date of refund.” At the hearing, Sri B.Mahender Reddy, learned counsel representing Sri P.Murali Krishna Prasad, learned counsel for the petitioner, submitted that the cause in the writ petition does not survive for consideration, in view of issue of sale certificate by respondent No.2 on 19-02-2008 in favour of the petitioner and delivery of possession in pursuance of the said certificate. Respondent No.3 also filed an affidavit along with WPMP No.19291 of 2008, wherein the above mentioned facts have been stated and sought for permission of the Court to it to withdraw the amount of sale consideration deposited by the petitioner, which was kept in fixed deposit under FDR No.0662457 dated 24-08- 2006 by respondent No.3 with the Union Bank of India, Dilsukhnagar Branch, Hyderabad. In view of issuance of sale certificate and delivery of possession, respondent No.3 is entitled to receive the amount of sale consideration, which is lying with the Union Bank of India, Dilsukhnagar Branch, Hyderabad. The writ petition is, accordingly, disposed of as infructuous by permitting respondent No.3 to receive the amount of sale consideration lying with the Union Bank of India, Dilsukhnagar Branch, Hyderabad, under FDR No.0662457 dated 24-08-2006. As a sequel to disposal of main petition, WPMP No.19291 of 2008 is disposed of. C.V.NAGARJUNA REDDY, J Dated 18th July, 2008 vrn