JUDGMENT: - The petitioner is a nationalized bank. It is aggrieved by the public auction notice dated 2 - 9 - 2005 issued by the third respondent. By the said auction notice, the third respondent proposed to conduct public auction to sell away two items of immovable/ movable properties belonging to fifth respondent for realising sugarcane dues payable to farmers and arrears of purchase tax to Government. Be it noted that the respondent is taking action in accordance with the provisions of A.P. Revenue Recovery Act, 1864 (for short, Revenue Recovery Act).

2. The case of the petitioner bank in brief is as follows. M/s. Kirlampudi Sugar Mills Limited (KSML), fifth respondent herein, availed cash credit limit and term loans from Kakinada branch of the petitioner bank. To secure the loan, KSML allegedly hypothecated the plant and machinery of its factory and created equitable mortgage by deposit of title deeds in respect of agricultural lands admeasuring Acs.43.08 in Survey Nos.565, 566, 629, 630, 631, 633 and 663 situated at Pithapuram of East Godavari District. As per the writ affidavit averment, as on 31.8.2005, KSML owes a sum of Rs.392.37 lakhs to the petitioner bank. It appe

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