APHC010625752022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 37457/2022 Between: 1. BONTHU GOVINDU, S/O. B.SURYANARAYANA AGED ABOUT 41YEARS,OCC. CULTIVATION R/O . PP AGRAHARAM VILLAGE MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT. 2. BONTHUSURYANARAYANNA, ,S/O. B KOLLAYYA AGED ABOUT 65YEARS,OCC. CULTIVATION R/O . PP AGRAHARAM VILLAGE MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER(S) AND 1. THE DISTRICT 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. BONTHURAMANA, S/O. B.SURYANARAYANA AGED ABOUT 43YEARS,OCC. CULTIVATION R/O . PP SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 2 AGRAHARAM VILLAGE MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT 5. 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 topleased 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.1.11.2022 notifying the general public and in particular the Respondent No.2 for conducting public auction of the petitioners' agriculture land admeasuring (1) 0.55 acres in Survey No.6- 7-A and (2) 0.65 acres in Survey No.6-7-B situated at Ramachandrayyapalem Village, Kotavuratla Mandal, Anakapalli District at Makavarapalem PACS Ltd., Makavarapalem, Anakapalli District on 12.12.2022 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 1.11.2022 and to pass IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the Auction Notice dated.1.11.2022 issued by the Respondents pending disposal of the Writ Petition and to pass Counsel for the Petitioner(S): 1. M SIVA KUMAR Counsel for the Respondent(S): 1. V UMA DEVI 2. PANGI RAJU BABU 3. SRINIVAS BASAVA SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 3 APHC010671812022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 39879/2022 Between: 1. BONTHU KOUSHIK, S/O. RAMANA, MINOR, AGED 17 YEARS, HINDU, REPRESENTED BY HIS MOTHER, GUARDIAN AND NEXT FRIEND BONTHU NAGALAKSHMI. P.P.AGRAHARAM VILLAGE AND POST, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT, A.P. 2. BONTHU RISHITA, D/O. RAMANA, MINOR, AGED 15 YEARS, HINDU, REPRESENTED BY HER MOTHER GUARDIAN AND NEXT FRIEND BONTHU NAGALAKSHMI, P.P.AGRAHARAM VILLAGE AND POST, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT, A.P. 3. BOTHU NAGALAKSHMI, W/O. RAMANA, HINDU, AGED 37 YEARS, HOUSE WIFE, P.P.AGRAHARAM VILLAGE AND POST, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT, A.P ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT,SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COOPERATIVE CENTRAL BANK LTD, VISAKHAPATNAM BRANCH, REP. BY ITS AUTHORIZED OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 4 3. THE DEPUTY REGISTRAR, (OFFICER ON SPECIAL DUTY), DISTRICT CO-OPERATIVE CENTRAL BANK LIMITED, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. 4. THE MAKAVARAPALEM PRIMARY AGRICULTURAL COOPERATIVE SOCIETY LTD, REP. BY ITS AUTHORIZED OFFICER, MAKAVARAPALEM, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT, A.P. 5. BONTHU RAMANA, S/O. B.SURYANARAYANA, HINDU, AGED ABOUT 43 YEARS, CULTIVATION, R/O. P.P.AGRAHARAM VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT, A.P. 6. THE DISTRICT REVENUE OFFICER, ANAKAPALLI, ANAKAPALLI DISTRICT, A.P. ...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 tomay be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in issuing notice of sale of immovable property in E.P. No. 270/22-23 notifying the general public and in particular the respondent No.2 for conducting public auction of the petitioners agriculture land admeasuring Ac.0-55 cents in S.No. 6-7-A and Ac.0-65 cents in Survey Nn. 6-7-B situated at Ramachadrayyapalem Village, Kotavurtla Mandai, Anakapalli District at Makavarapalem Primary Agricultural Co- Operative Society Limited, Makavarapalem, Anakapalli District on 12-12-2022 at 11-00 A.M. as illegal, arbitrary, bad in law in view of no notice to petitioners as they are decree holders in O.S. No. 137/2015 on the file of the Senior Civil Judge's Court Narsipatnam, consequently set aside the auction notice dt. 20-10-2022 is bad, illegal and arbitrary by putting auction on 12-12-2022 on the file of this Honourable Court and to pass such IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to stay of auction SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 5 in E.P. No. 270/22-23 to be held on 12-12-2022 at 11-00 A.M. at Makavarapalem Primary Agricultural Co-Operative Society Limited Office, Makavarapalem and to pass such IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave for filing the counter affidavit by receive it to the record of W.p.No.39879 of 2022 and pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased eased to grant leave for filing counter affidavit in the writ petition No.39879/2022 and pass Counsel for the Petitioner(S): 1. K SUBRAHMANYAM Counsel for the Respondent(S): 1. PANGI RAJU BABU 2. V UMA DEVI 3. GP FOR COOPERATION 4. SRINIVAS BASAVA The Court made the following: SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 6 THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY WRIT PETITION Nos. 37457 of 2022 & 39879 of 2022 COMMON ORDER: Since the contentions and rival contentions, and the subject matter of property, being the same in both the Writ Petitions, at request of both the counsel, these Writ Petitions are disposed of, by way of this Common Order. 2. Writ Petition No.37457 of 2022 is filed seeking the following relief. “…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 01.11.2022 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, Kotavuratla Mandal, Anakapalli District at Makavarapalem PACS Ltd., Makavarapalem, Anakapalli District on 12.12.2022 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 SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 7 consequently direct the respondents not to go ahead with the auction of petitioners‟ properties in pursuance of Auction Notice dated 01.11.2022 and to pass such other order or orders …” 3. Writ Petition No.39879 of 2022 is filed seeking the following relief. “…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in issuing notice of sale of immovable property in E.P.No.270/2022-2023 notifying the general public and in particular, the respondent No.2 for conducting public auction of the petitioners agriculture land admeasuring Ac.0.55 cents in S.No.6-7-A and Ac.0.65 cents in Survey No.6-7-B situated at Ramachandrayyapalem village, Kotavurtla Mandal, Anakapalli District at Makavarapalem Primacy Agricultural Co-operative Society Limited, Makavarapalem, Anakapalli District on 12.12.2022 at 11.00 a.m., as illegal, arbitrary, bad in law in view of no notice to petitioners as they are decree-holders in O.S.No.137/2015 on the file of the Senior Civil Judge‟s Corut, Narsipatnam, consequently set- aside the Auction Notice, dated 20.10.2022 …” SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 8 4. Heard the learned counsel for the petitioners in both the Writ Petitions; Smt. V.Uma Devi, learned counsel for the District Co-operative Central Bank Limited, Visakhapatnam branch; Sri Srinivas Basava, learned counsel for the Primary Agricultural Co-operative Credit Society Limited, Makavarapalem; Sri P.Raju Babu, learned counsel for unofficial respondent Bonthu Ramana and the learned Government Pleader for Co-operation. Perused the record. 5. For sake of convenience, the respondents are referred to, as per their array in the first Writ Petition i.e. W.P. No.37457 of 2022. 6. (a) It is the case of writ petitioners in W.P.No.37457 of 2022 that originally, respondent No.4 was the owner of agricultural land admeasuring Ac.0.65 cents situated in survey No.6-7-B of P.Ramannapalem (Ramachandrapalem) village, Rajupeta Gram Panchayat, Kotavuratla Mandal, Visakhapatnam District; that he sold the said extent of Ac.0.65 cents to one Kalla Narayanamma, W/o. Kalla Apparao, under a Registered Agreement of Sale-cum-GPA bearing Document No.1718/2017, dated 21.08.2017 in the Joint Sub- Registrar Office, Kotavuratla, and the Statement of Encumbrance also reflects the said transaction; that the said Kalla Narayanamma sold the said Ac.0.65 cents to 1st petitioner under Registered Sale Deed, dated 11.07.2019 SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 9 bearing Document No.3528/2019 for a sale consideration of Rs.2,93,000/- got registered by the Joint Sub-Registrar, Narsipatnam, and the Statement of Encumbrance reflects the said transaction; that the Tahsildar, Kotavuratla issued Pattadar Pass Book No.295 in favour of 1st petitioner in respect of the said land, and Form-1B (ROR) and Pattadar Adangal / Pahani issued on 03.11.2022 establish that 1st petitioner is the owner of Ac.0.65 cents land in S.No.6-7-B under Khata No.295 by way of purchase. (b) It is their further case that apart of the said extent, 1st petitioner was also the absolute owner and possessor of agricultural land to an extent of Ac.0.65 cents situated in survey No.6-7-A-2 under the very Khata No.295, as the said land was devolved upon him by way of gift. (c) Father of 1st petitioner viz. petitioner No.2, inherited an extent of Ac.0.55 cents agricultural land situated in survey No.6-7-A; that the record of rights maintained by the Tahsildar, Kotavuratla Mandal and Form-1B issued thereof on 14.02.2018 show 2nd petitioner‟s name as having inherited the said extent of land vide Khata No.91; that the Pattadar Pass Book No.91 issued by the Mandal Revenue Officer, Kotavuratla Mandal also states that 2nd petitioner is the owner of the said extent of land among other properties; that apart from the above said documents, the Adangal/Pahani issued by the SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 10 Revenue Department on 03.11.2022 establishes that 2nd petitioner is the pattadar as well as enjoyer of said extent of Ac.0.554 cents agricultural land covered by sy.No.6-7-A vide Khata No.91; that the latest Form-1B issued by the Tahsildar, Kotavuratla Mandal on 03.11.2022 also confirms the same. 7. It is their grievance that respondent No.4, without having any right over the above extent of lands and without the knowledge of petitioners, suppressing the sale of Ac.0.65 cents under Registered Agreement of Sale-cum- GPA, dated 21.08.2017, availed loan from 3rd respondent society by mortgaging the above extent of lands on 15.11.2018 based on a non-existing document which is non est in the eye of law; that the respondent No.4 also mortgaged 2nd petitioner‟s land to an extent of Ac.0.55 cents in Sy.No.6-7-A on 02.06.2018, for which he is not the owner of the land; that respondent No.3 society, without verifying the genuineness of the documents with the Sub-Registrar Office concerned, without conducting field inquiry and in collusion with respondent No.4, sanctioned loan to him, thereby abused their official position and misappropriated the public amount. It is their case that after coming to know about the impugned sale notice dated 1.11.2022, they approached the respondent-authorities and produced the registered documents, but the respondents did not respond positively SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 11 and not provided EP and decree copies to the petitioners, and told them that the auction of immovable properties would go on. It is their case that the petitioners are not the guarantors to the loan availed by the respondent No.4, and therefore, the respondents, without taking alternative steps for recovering the due of respondent No.4, are trying to auction the properties of petitioners. If they proceed with the same, it would cause irreparable loss and injury. Hence, the Writ Petition. 8. This Court vide Order, dated 21.11.2022 in W.P.No.37457 of 2022, stayed the auction notice dated 01.11.2022 issued by the respondents on condition of petitioners depositing Rs.1,50,000/- to the credit of 3rd respondent within a period of four (04) weeks. 9. Petitioners in the other WP No.39879 of 2022 are son, daughter and wife, respectively, of respondent No.4- Bonthu Ramana. In W.P.No.39879 of 2022, they challenge the subject Notice of Sale of Immovable Property dated 01.11.2022, proposing to conduct auction an extent of Ac.0.55 cents in survey No.6-7-A and an extent of Ac.0.65 cents in survey No.6-7-B, situated in Ramachandrayyapalem village, Kotavuratla mandal, Anakapalli district, on the ground that they filed O.S.No.137 of 2015 on the file of the Senior Civil Judge, Narsipatnam against petitioners in W.P.No.37457 of 2022 and 4th respondent, for the relief of partition of schedule SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 12 property viz. an extent of Ac.0.15 cents in survey No.99, Dharmasagaram village, Narsimpatnam mandal, Visakhapatnam district and an extent of Ac.2.05 cents in survey No.6/7 of Ramannapalem village, Narsimpatnam mandal, Visakhapatnam district, and a preliminary decree was passed in the said suit on 12.04.2022. 10. Respondent No.3-Primary Agricultural Co- operative Credit Society Limited, Makavarapalem filed counter-affidavit denying the contents of the Writ Petition and contending inter alia as follows: (a) 1st petitioner wantonly suppressed the fact that 4th respondent is his brother and son of 2nd petitioner. The respondent No.4, who is member of 3rd respondent- Society, made an application on 25.05.2018 for Short Term Others Loan for Rs.3,00,000/- before 1st and 3rd respondents and after verification by the Supervisor and Branch Manager of 1st respondent, recommended for Rs.2,20,000/-; that the bank authorities, basing on Deposit of Pass Book No.996/6746 issued by the Tahsildar, Kotavuratla Mandal and Title Deed No.674661 issued by the Revenue Divisional Officer, Narsipatnam Mandal and after submission of 1-B and Encumbrance Certificate (EC) and others, sanctioned loan amount of Rs.2,00,000/- by 1st respondent, and accordingly, 4th respondent, his wife and their children executed a Registered Memorandum of Deposit of Title Deeds, dated SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 13 02.06.2018 vide Document No.1361/2018 in SRO, Kotavuratla Mandal creating equitable mortgage in favour of 3rd respondent. Accordingly, 4th respondent deposited the Title Deeds, Pattadar Pass Book, 1-B Register, No.3 Cultivation Account, Field Sketches, E.C.No.38690622, dated 25.05.2018 issued by SRO, Kotavuratla Mandal for the land admeasuring Ac.0.55 cents dry land in Sy.No.6-7- A and Ac.0.65 cents dry land in Sy.No.6-7-B in P.Ramannapalem (Ramachandrapalem) village, Kotavuratla Mandal, Visakhapatnam District; that one C.H.Ganga Raju stood as guarantor for the said loan; that the respondent No.3, having satisfied with the above documentation and after obtaining promissory note and signatures, by receipt dated 05.06.2018, transferred an amount of Rs.2,00,000/- to Savings Account of 4th respondent held with 1st respondent-Bank. (b) It is further stated that when no payments are made by 4th respondent, even after due dates, 3rd respondent started initiating action for recovery of loan amount of Rs.2,00,000/-; that the deposit of title deeds declared that they are the absolute owners of the schedule mentioned property of Mortgage Deed and there are no encumbrances on the property; that after issuing notice under the Andhra Pradesh Cooperative Societies Act, 1964 (for brevity „the APCS Act, 1964‟) and the Rules made thereunder, the Society filed a case No.731 of 2021, dated 06.12.2020 under Section 71 of the APCS Act, 1964 before SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 14 the authority appointed under the said Act i.e. the Deputy Registrar on Special Duty, DCCB Limited, Visakhapatnam; that the said authority after serving summons on the defaulter and affording reasonable opportunity to the borrower, the authority issued a Certificate under Section 71 of the APCS Act, 1964 and it was served on 4th respondent, but in spite of that, 4th respondent did not pay the decretal amount of Rs.2,99,250/-. In the process of recovery of amount due from the default borrower, the demand notice dated 03.01.2022 was served on him under Rule 52 (5)A of the APCS Act, 1964 on 03.01.2022 and the attachment of immovable property in Form-6 (Rule 52) was served on 01.06.2022 and a notice of attachment of immovable property in Form-7 was served to 4th respondent on 19.06.2022 and Form-8 and Form-9 Notices, dated 18.07.2022 i.e., Proclamation of Sale and Notice to the defaulter issued by the said authority was served on 12.08.2022. (c) The petitioners in W.P.No.37457 of 2022 are claiming that they purchased the dry land Ac.0.65 cents in Sy.No.6-7-B in P.Ramannapalem (Ramachandra-palem) village, Kotavuratla Mandal from one Kalla Narayanamma and filed the said Writ Petition. On the other hand, wife of 4th respondent along with her two minor children filed the other Writ Petition No.39879 of 2022 basing on the suit filed for Partition for 1/4th share in the subject lands in O.S.No.137 of 2015 on the file of the learned Senior Civil SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 15 Judge, Narsipatnam, which is decreed by Judgment, dated 12.04.2022. The petitioners in the later Writ Petition suppressed the fact that they are part of the Registered Memorandum of Deposit of Title Deeds, dated 02.06.2018 vide Document No.1361 of 2018 in SRO, Kotavuratla Mandal by creating equitable mortgage in favour of 3rd respondent, hence, all the petitioners in Writ Petition Nos.37457 of 2022 and 39879 of 2022, in one way or the other, are trying to hide previous litigations, documents, sale and created fabricated documents and mislead the officials in order to cheat 3rd respondent-Society. (d) It is further stated that though, 1st petitioner in W.P.No.37457 of 2022 claims to have purchased a part of the mortgaged property from Kalla Narayanamma, he equally failed to give details of the suit filed by wife and children of 4th respondent and his son, and hence, the petitioners had not come with clean hands before this Court and only on false claims and only to defeat the recovery proceedings they approached this Court. (e) When the revenue entries in respect of the land admeasuring Ac.0.55 cents in Sy.No.6-7-A in P.Ramannapalem (Ramachandra- palem) village, Kotavuratla Mandal, Visakhapatnam stand in the name of 2nd petitioner, it is not known as to how the name of 4th respondent name was reflecting in Form 1-B, SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 16 Encumbrance Certificate and other revenue entries and as to how both petitioners maintained silence about the filing of partition suit by the wife and children of 4th respondent and to how Bonthu Jaya Surya, son of 1st petitioner is arrayed as plaintiff No.4 to the suit filed for Partition and represented by the natural guardian and next friend/mother i.e. Bonthu Rama Lakshmi; that the petitioners along with 4th respondent and his family members in a pre-planned manner, created settlement deeds, manipulated revenue records and Encumbrance Certificates and further created false transitions in order to misappropriate 3rd respondent amounts; that the respondent No.3 already made a complaint dated 23.12.2022 before 2nd respondent and other concerned authorities seeking to take action against 4th respondent and persons involved under the provisions of the APCS Act, 1964 and the same is pending before 2nd respondent. (f) It is further stated that if 4th respondent is not the owner of the property, the writ petitioners are also equally do not have better title, when the suit and charge of 3rd respondent are pending, the petitioners as stated above, without checking the equitable mortgage created by 4th respondent and his wife representing the minors, 3rd respondent has got first charge under Sections 35 and 36 of the APCS Act, 1964. The borrower also filed a Petition, dated 05.09.2022 before the District Collector, Anakapalli District in Spandana Programme stating that he has not SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 17 even borrowed loan from Makavarapalem PACS/3rd respondent, even though there is undisputable material evidence showing that he borrowed loan by executing Loan Agreement and DP Note, dated 05.06.2018, Encumbrance Certificate, dated 05.06.2018, Registered Memorandum of Deposit of Title Deeds, dated 02.06.2018 executed before SRO, Kotavuratla Mandal and the matter was examined by the Senior Inspector/Enquiry Officer, Sub-Divisional Cooperative Officer and found that there are no irregularities as alleged or misdeeds in sanction and disbursement of STO other loans to 4th respondent and closed the same. The petitioners under the guise of false documents, are trying to interfere with sale of property to save 4th respondent. Hence, it is prayed to dismiss the Writ Petition. 11. A perusal of the material on record goes to show that 4th respondent is son of 2nd petitioner and brother of 1st petitioner, in W.P.No.37457 of 2022. The said fact is not stated by petitioners in the affidavit filed in support of the Writ Petition. 12. A perusal of the material on record goes to show that pursuant to default in repayment of loan amount availed by 4th respondent from the Primary Agricultural Co-operative Credit Society Limited, Makavarapalem, by mortgating the properties viz. Ac.0.55 cents in survey No.6-7-A and an extent of Ac.0.65 cents in survey No.6-7- SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 18 B, situated in Ramachandrayyapalem village, Kotavuratla mandal, Anakapalli district, 2nd respondent-Deputy Registrar (Officer on Special Duty), District Co-operative Central Bank Limited, Visakhapatnam issued the impugned auction notice dated 01.11.2022, proposing to conduct auction on 12.12.2022. Pursuant to the conditional Order, dated 21.11.2022 passed by this Court in W.P.No.37457 of 2022, staying the impugned auction notice dated 01.11.2022, a sum of Rs.1,50,000/- has been paid. 13. There are civil disputes among the parties to the Writ Petitions, with regard to the subject properties. 1st petitioner in W.P.No.37457 of 2022, claims to have purchased the property admeasuring Ac.0.65 cents of land in survey No.6-7-B from one Kalla Narayanamma, who is said to have purchased the same from 4th respondent- Bonthu Ramana. The petitioners in W.P.No.39879 of 2022 filed a suit for partition vide O.S.No.137 of 2015 on the file of the Senior Civil Judge, Narsipatnam, against the petitioners and 4th respondent in W.P.No.37457 of 2022, and obtained preliminary decree in the said suit on 12.04.2022. Petitioners in W.P.No.37457 of 2022, who are brother and father of borrower-4th respondent, claim to be owners of the property proposed to be auctioned under the impugned sale notice, pursuant to sale and devolution by way of gift, whereas the petitioners in W.P.No.39879 of SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 19 2022, who are wife and children of the borrower, claim share in the said property by virtue of a preliminary decree passed in a partition suit O.S.No.137 of 2015 on the file of the Senior Civil Judge, Narsipatnam. This Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, cannot delve into those civil disputes or cannot record findings on question of fact with regard to title or otherwise over the subject properties, or whether the borrower has right to mortgage the subject properties to the Society or whether the petitioners have any manner of right over the said properties. In the considered opinion of this Court, the Writ Petitions are not maintainable for the reliefs sought. The parties to are relegated to avail the remedies available to them under law before appropriate forum. 14. Accordingly, the Writ Petitions are dismissed. There shall be no order as to costs. Consequently, miscellaneous applications pending if any, shall also stand closed. JUSTICE K. SREENIVASA REDDY 20.11.2025. DRK SRK, J W.P.Nos.37457 of 2022 & 39879 of 2022 20 THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY COMMON ORDER IN WRIT PETITION Nos. 37457 of 2022 and 39879 of 2022 20.11.2025 DRK