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1998 Supreme(AP) 955

J.CHELAMESWAR, MOTILAL B.NAIK
R. Advaiah – Appellant
Versus
Union of India – Respondent


MOTILAL B. NAIK, J.

( 1 ) PETITIONER seeks a Writ of Mandamus declaring the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (Central Act, 1961 (sic. 51 of 1993)) as ultra vires under the provisions of the Constitution of India and a further declaration, declaring the order of attachment of immovable property (Form no. 16) and notice for settling a sale proclamation (Form No. 17) issued by the second respondent in respect of the property situated in Sy. Nos. 86 /1 and 86 (b) admeasuring Ac. 9. 16 guntas and in Sy. No. 87 admeasuring Ac. 12. 12 guntas of Ghatkesar village, Ranga Reddy District as illegal and unconstitutional and pass such other order or orders.

( 2 ) PETITIONER states that he purchased an extent of Ac. 21. 18 guntas in Sy. No. 86/b and Sy. No. 87 in Ghatkesar village, Ranga Reddy District for a valuable consideration from Smt. Sayeedunnissa Begum alias Sayeeda Begum and her four sons. Petitioner also obtained registered sale deeds in the name of his wife, two children, besides in his name. Petitioner also states that since the dates of purchase i. e. , 21-6-1991, 11-5-1992 and on 12-1-1993 of the said property through separate registered sale deed




















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