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2022 Supreme(Telangana) 489

SUREPALLI NANDA, UJJAL BHUYAN
S K Cars Lounge – Appellant
Versus
Union of India Rep by its Principal Secretary Ministry of Finance New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A.P.Reddy
For the Respondent: Mr. N.Rajeshwar Rao, Mr. G.Prabhakar Sarma

ORDER :

Ujjal Bhuyan, J.

Heard Mr. A.P. Reddy, learned counsel for the petitioner; Mr. B.Mukherjee, learned counsel appearing on behalf of Mr. N.Rajeshwar Rao, learned Assistant Solicitor General for respondent No.1-Union of India; and Mr. G.Prabhakar Sarma, learned counsel for respondent No.2-State Bank of India.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of letter dated 25.03.2022 issued by the 2nd respondent and also seeks a direction to the said respondent to accept the balance 75% of the sale price.

3. Case of the petitioner is that respondent No.2 had conducted auction sale of the schedule property on 28.12.2021. Details of the schedule property are mentioned in paragraph 3 of the writ affidavit, which are as under:

    “land admeasuring Ac. 3-00 Guntas in Sy. No. 182 and Ac. 2-15 Guntas in Sy. No. 183 total admeasuring Ac. 5-15 Guntas of Kondurgu Village and Mandal, Mahboobnagar District”

4. The auction sale was conducted under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (briefly referred to hereinafter as the ‘SARFAESI Act’) for failure of the borrowers to repay the

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