HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
AND
HON'BLE JUSTICE G.SRI DEVI
Writ Petition No.22370 OF 2021
JUDGMENT:(per Hon'ble Sri Justice A.Rajasheker Reddy)
This Writ Petition is filed assailing the action of the 1st
respondent in issuing Auction Sale notice of subject Immovable
properties dated 27.08.2021 scheduled to be held on 18.09.2021 as illegal and arbitrary and contrary to Section 31(i) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (For short 'the Act of 2002') consequently to declare the petitioner's agricultural land in Sy.No.36/A/3 admeasuring Acs.5.03 guntas situated at Gopanpally village, Serilingampally Mandal, in the limits of GHMC, Ranga Reddy District is not a government land as per Section 58 of Telangana Land Revenue Act, 1317b Fasli.
Heard Sri C.Hanumantha Rao, learned counsel for the petitioner, who submits that the subject property is an agricultural property and it is exempted from the provisions of the Act of 2002 as per Section 31(i) of the Act of 2002 and he filed registered sale deeds in respect of the same. He also submits the OTS application filed by the petitioner on 29.06.2021 was rejected and the petitioner also filed another application on 08.08.2021, which is pending.
On the other hand, Sri M.Srikanth Reddy, learned Standing counsel for the respondent submits that at the time of obtaining loan, the petitioner declared the subject property as commercial property and that she has not stated the same in the writ 2 petition, which is suppression of fact and on this ground alone, the writ petition is liable to be dismissed. He also submits that the petitioner has also filed W.P.No.9928 of 2021, which was disposed of on 23.04.2021, but the same is also not mentioned in the affidavit filed in support of this writ petition, as such, no exception can be taken and sought for dismissal of the writ petition.
In this case, it is to be seen that the learned counsel for the petitioner has not disputed that a declaration is filed by the petitioner stating that the subject property is a commercial property, but however states that just because it is declared as commercial property by petitioner, it cannot be treated so unless it is strictly so. More over, the government is also claiming rights over the subject property and no useful purpose would be served if any auction is taken in respect of the subject property, as the third party rights will be involved in the property.
Admittedly, petitioner has alternate remedy under Section 17 of the Act of 2002 against the impugned proceedings. Since there is a dispute with regard to the subject property as to its nature, we refrain ourselves from going into the merits of the matter, as we are relegating the petitioner to avail alternate remedy. As regards prayer for declaration that the subject land is not government land is concerned, that is a separate cause of action and petitioner cannot agitate the same in the present writ petition and it is open for him to challenge the same in accordance with law.
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Accordingly, the writ petition is disposed of granting liberty to the petitioner to avail alternate remedy under Section 17 of the Act of 2002, if she is so advised.
There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_________________________ A.RAJASHEKER REDDY, J ______________ G. SRI DEVI, J Date:15.09.2021 tk/kvs 4 HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE JUSTICE G.SRI DEVI Writ Petition No.22370 OF 2021 Date: 15.09.2021 tk/kvs