APHC010132492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 6786/2025 Between: 1. BONTHU GOVINDU, S/O. B.SURYANARAYANA, AGED ABOUT 41 YEARS, OCC: CULTIVATION R/O. PP AGRAHARAM VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT. 2. BONTHU SURYANARAYANNA, S/O. B KOLLAYYA, AGED ABOUT 65 YEARS,OCC CULTIVATION R/O . PP AGRAHARAM VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER(S) AND 1. THE DISTRICTY CO OPERATIVE CENTRAL BANK LIMITED, VISAKHAPATNAM BRANCH,REP. BY ITS AUTHORIZED OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2. THE DEPUTY REGISTRAR, (OFFICER ON SPECIAL DUTY ) DIST.CO-OPERATIVE CENTRAL BANK LIMITED VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. THE MAKAVARAPALEM PRIMARY AGRICULTURAL COOPERATIVE SOCIETY LIMITED, , REP BY ITS AUTHORIZED OFFICER MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT (OLD VISAKHAPATNAM DISTRICT) 4. BONTHU RAMANA, S/O. B.SURYANARAYANA AGED ABOUT 43 YEARS,OCC CULTIVATION R/O . PP AGRAHARAM VILLAGE MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT 5. THE DIST COOPERATIVE CENTRAL BANK LIMITED, REP BY ITS THE BRANCH MANAGER, KOTAVURTIA BRANCH, KOTAVURTIA MANDAL,ANAKAPALLI DISTRICT. 2 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO AGRICULTURAL CO- OPERATIVE SOCIETY DEPARTMENT, A-P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus declaring the action of the respondents in issuing Notice of Sale of Immovable Property dated. NIL notifying the general public and in particular the Respondent No.2 for conducting public auction of the petitioners agriculture land admeasuring (1) Ac.0.55 acres in Survey No.6- 7-A and (2) Ac.0.65 acres in Survey No.6-7-B situated at Ramachandrayyapalem Village, Kotavuratia Mandal, Anakapalli District at District Cooperative Central Bank Limited, Kotavurtia, Anakapalli District on 24.3.2025 at 11.00 a.m. or on any other day to which the sale may be adjourned for recovery of decretal amount due to the said society, as illegal, arbitrary, mala fide, capricious and without any authority of law and set aside the same and consequently direct the Respondents not to go ahead with the auction of petitioners properties in pursuance of Auction Notice dated. NIL. Counsel for the Petitioner(S): 1. M SIVA KUMAR Counsel for the Respondent(S): 1. 2. SRINIVAS BASAVA The Court made the following: 3 Order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer; “….pleased to pass an order to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in issuing Notice of Sale of Immovable Property dated. NIL notifying the general public and in particular the Respondent No.2 for conducting public auction of the petitioners agriculture land admeasuring (1) Ac.0.55 cents in Survey No.6-7-A and (2) Ac.0.65 cents in Survey No.6-7-B situated at Ramachandrayyapalem Village, Kotavuratia Mandal, Anakapalli District at District Cooperative Central Bank Limited, Kotavuratla, Anakapalli District on 24.3.2025 at 11.00 a.m. or on any other day to which the sale may be adjourned for recovery of decretal amount due to the said society, as illegal, arbitrary, mala fide, capricious and without any authority of law and set aside the same and consequently direct the Respondents not to go ahead with the auction of petitioners properties in pursuance of Auction Notice dated. NIL.” 2. By an order, dated 18.03.2025, this Court directed that the present Writ Petition be tagged with Writ Petition No.37457 of 2022, and further ordered that the proposed auction by Respondent No.2, which was scheduled to be held on 24.03.2025, be suspended until the next date of hearing. 3. Today, when the matter come up for hearing along with the connected matter, the learned Standing Counsel appearing on behalf of Respondent No.3, on written instructions, submitted that, by virtue of the order, dated 21.11.2022 passed in W.P.No.37457 of 2022 granting stay of auction notice, dated 01.11.2022 issued by 2nd respondent on condition that the petitioners deposit a sum of Rs.1,50,000/- to the 4 credit of 3rd respondent within a period of 4 weeks, the auction for sale of property to an extent of Ac.0-55 cents in Sy.No.6/7A and Ac.0-65 cents in Sy.No.6/7B cents, totalling Ac.1-20 cents was stopped. It is further stated in the written instructions that in the process of recovery of overdue by way of legal proceedings, notices in Form Nos.8 & 9 were erroneously served on the petitioners, on par with other defaulters, due to over sight, but however, keeping in view of the pendency of the matter before this Court, it was decided to withdraw the proposed auction for sale of the property and accordingly, the Chief Executive Officer, Makavarapalem PACS was informed that further action in E.P.No.802/2021-22 is stopped, and further has been advised not to proceed further until disposal of W.P.No.37457 of 2022 by this Court. 4. By virtue of written instructions submitted by learned Standing Counsel for 3rd respondent, and since earlier round of litigation in W.P.No.37457 of 2022 is still pending adjudication before this Court, the learned counsel for the petitioner as well as the unofficial respondent have agreed to withdraw the present Writ Petition. 5. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J. Date:30.10.2025 ARB 5 143 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.6786 of 2025 Date: 30.10.2025 ARB