Polisetti Srinivas vs State Of Telangana
2021 Latest Caselaw 2721 Tel

        HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
                         AND
             HON'BLE JUSTICE G.SRI DEVI

            Writ Petition No.19249 OF 2021

JUDGMENT:(per Hon'ble Sri Justice A.Rajasheker Reddy)

    This writ petition is filed seeking writ of mandamus

declaring the action of the respondent Bank in conducting e-

auction dated 17.08.2021 in respect of the subject property.

Heard learned counsel for the petitioners and

Sri A.V.S.S.Prasad, learned counsel for the 4th respondent.

Learned counsel for the 4th respondent submits that

already S.A.No.147 of 2020 is filed before the Debts

Recovery Tribunal-II in respect of earlier auction is pending.

He also submits that the petitioner has effective alternate

remedy before the Tribunal.

Learned counsel for the petitioners could not dispute

the same, but however states that fraud is played by the

bank officials and they were also impleaded in this writ

petition by name and also registered criminal case against

them.

After hearing both sides, we are of the considered

opinion that the disputed questions of fact arose in the writ

petition, which can be effectively dealt with by the Tribunal.

More so, no extraordinary circumstances are brought to the

notice of this Court for entertaining the writ petition

bypassing the alternate remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 (For short 'the

Act of 2002').

In view of the same, this writ petition is disposed of

granting liberty to the petitioners to avail alternate remedy

under Section 17 of the Act of 2002 and the petitioners are

also given liberty to implead themselves in the pending

proceedings before the Tribunal-II.

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:22.09.2021 kvs HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE JUSTICE G.SRI DEVI

Writ Petition No.19249 OF 2021

Date: 22.09.2021

kvs