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U. DURGA PRASAD RAO, B. V. L. N. CHAKRAVARTHI
Navata Eco Bricks – Appellant
Versus
Punjab National Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.A. SESHU
For the Respondent HANUMANTHA RAO BACHINA

ORDER:

U. DURGA PRASAD RAO, J.

The petitioner prays for a writ of mandamus declaring the action of 1st respondent-bank in threatening to dispossess and take physical possession of petitioner’s leasehold property of office-cum-industrial building (for short, ‘the schedule property’), pursuant to the order dated 22.04.2022 in Crl.M.P.No.1072/2022 in C.F.No.390/2022 passed by the Chief Metropolitan Magistrate, Vijayawada, and notice of warrant dated 08.06.2022 issued by the Advocate Commissioner for taking physical possession of the subject property without considering the representation of the petitioner as illegal, arbitrary and violative of Articles 14, 21, 19(1)(g) and 300A of the Constitution of India and devoid of principles of natural justice and consequently direct the 1st respondent-Bank not to interfere with the petitioner’s possession of the schedule property.

2. The petitioner’s case succinctly is thus:

(a) The petitioner is the proprietor of NAVATA ECO BRICKS and running brick industry under the name and style of ‘NAVATA ECO BRICKS’ and also aquaculture in the schedule property which was obtained by the petitioner from 5th respondent under a registered Lease Deed dated 12.03.

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