A writ petition challenging a sale notice may be closed if the respondents submit that no auction was actually conducted and undertake to follow due process, including providing notice and adhering to limitation, in any future actions.

The Court made the following:

O R D E R:

1. The Writ Petition is filed questioning the Sale Notice issued under Rule 52 (11) (E) of the AP Cooperative Society Rules, 1964 ( for short ‘ the Act, 1964’), in Form-9 as illegal and arbitrary.

2. The facts leading to filing of the Writ Petition are as follows:

The Petitioner had availed a house loan of Rs.1,00,000/- from the Respondent No.4 Society repayable in 18 yearly installments at the rate of 13.7% per annum and stated that the Petitioner was regularly paying the amounts. While so, a Sale Certificate was issued under Section 71 of the Act of 1964 in favour of the Respondent No. 4. Questioning the same, the Petitioner filed O.A. No. 81 of 2001, and the said O.A. was allowed on 17.09.2002 by setting aside the Sale Certificate.

3. The grievance of the Petitioner is that in the absence of any Award or Sale Certificate issued in favour of the Respondents' Society after putting the Petitioner on notice, the impugned Sale Notice without furnishing any particulars cannot be sustained.

4. Learned counsel for the Respondent Nos. 2 and 3 would submit that the Sale Notice was issued proposing Sale on 10.06.2014, but no auction was conducted on that date. Learned counsel further submits that in any action to be taken in the future, the petitioner or her representatives will be put on notice, and action will be initiated subject to limitation.

5. Recording the said submission, the Writ Petition is closed. There shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed