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2025 DAILYLAW 33203 (AP)

GOWTHAMI AGRO INDUSTRIES v. UNION OF INDIA

WP/25620/2024 · 2025-05-06

Subba Reddy Satti

body2025

Judgment text

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APHC010493862024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25620/2024 Between: Gowthami Agro Industries and Others ...PETITIONER(S) AND Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. 2. SREEDHAR VALIVETI The Court made the following: ORDER Heard Sri M.R.K.Chakravathy, learned counsel representing Sri Rambabu Koppineedi, learned counsel for the petitioners and Sri Sreedhar Valiveti, learned standing counsel for respondents 3 and 4. 2. The above writ petition is filed to declare the action of 4th respondent in proposing to conduct sale of the petitioners’ plant and machinery described in Annexure-I of the e-Auction Sale Notices dated 26.07.2024 and 20.09.2024 in the premises bearing Door No.12-1-10, Industrial Area, Kovvur, Kovvur Mandal, East Godavari District, as illegal and arbitrary. 3. On 08.11.2024, an interim order was granted by the Coordinate Bench of this Court directing the parties to maintain status-quo for a period of one week. The order of status-quo is being extended from time to time. 4. Sri Sreedhar Valiveti, learned standing counsel for respondents 3 and 4 would submit that since no bidders participated in pursuance of the e-auction sale notice dated 26.07.2024, another e-auction sale notice dated 20.09.2024 was issued and the auction was conducted on 15.10.2025. He would also submit that the sale certificate was issued to the auction purchaser and thereafter, pending the WP, the auction was cancelled on 07.02.2025 and the sale proceeds were returned to the auction purchaser. He would submit that since the amount was returned to the auction purchaser, the cause in the writ petition does not survive for adjudication. 5. The challenge in the writ petition, as noted supra, is two sale notices dated 26.07.2024 and 20.09.2024. In respect of first sale notice, no bidders participated and hence, the 2nd sale notice dated 20.09.2024 was issued. Even after sale was conducted, as per the instructions of Sri Sreedhar Valiveti, learned standing counsel the sale proceeds were returned to the auction purchaser on 07.02.2025 and hence, the sale itself has been cancelled. In view of the same, no further adjudication is required in this writ petition. Page 3 of 3 6. Recording the same, the Writ Petition is Closed, leaving it open to the petitioner to agitate, in case new cause of action arises regarding all the issues. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J PVD