ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the respondents to dispose of the petitioner's representation dated 21.01.2022 within a time frame to be fixed by this Court.

2. The petitioner claims that they were the auction purchaser of the property comprised in Survey Nos.136/1, 136/1A, 230/1 and 230/2 all measuring about 3 acres and 35.5 cents together with building thereon in Thummanapalli Village, Hosur. They have purchased the same under SARFEASI proceedings initiated by the Bank. The petitioner claims that they have paid the entire sale consideration of Rs.1,53,00,000/- for the said purchase and a Sale Certificate has also been executed on 19.12.2020, which was registered as Document No.1305 of 2021 in SRO, Hosur in their favour.

3. According to the petitioner, subsequent to the initiation of SARFEASI proceedings by the bank, the respondents had initiated auction under Section 142 of the Customs Act, 1962 and sent an Office Letter dated 05.08.2015 to the SRO, Hosur informing that a sum of Rs.98,83,139/- is due and payable by the borrower viz., M/s.Parcon Steel Rolling Mills Pvt. Ltd., to the respondents towards Central Excise dues and penalties.

4. According to the petitioner, subsequent to the purchase of the property, the petitioner has given a detailed representation dated 21.01.2022 to the respondents, requesting them to inform the Sub Registrar, Hosur to remove the entry created as per the Encumbrance Certificate on the said property purchased by the petitioner.

5. According to the petitioner, till date the said representation has not been considered by the respondents. In such circumstances, they have filed this Writ Petition.

6. Heard Mr.Balamurali, learned counsel representing M/s.Shivakumar and Suresh for the petitioner and Ms.Hema Muralikrishnan, learned Standing Counsel who accepts notice for the respondents.

7. The learned Standing Counsel appearing for the respondents would deny the allegations of the petitioner. However, this Court is of the considered view that no prejudice would be caused to the respondents, if the petitioner's representation seeking for removal of the encumbrance of attachment by the respondents is considered on merits and in accordance with law after affording a fair hearing to the petitioner including granting them the right of personal hearing.

8. Without expressing any opinion on the merits of the matter, this Court directs the second respondent to pass final orders on the petitioner's representation dated 21.01.2022 seeking for removal of the encumbrance of attachment by the respondents in respect of the property comprised in Survey Nos.136/1, 136/1A, 230/1 and 230/2 totally measuring about 3 acres and 35.5 cents together with building thereon in Thummanapalli Village, Hosur within a period of four weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner including granting them the right of personal hearing.

9. With the aforementioned directions, this Writ Petition is disposed of. No Costs.

01.08.2022 Index : Yes/No Speaking Order : Yes / No ab To

1.The Assistant Commissioner of Central Excise, Hosur I Division, Thally Road, Hosur - 635 109.

2.The Assistant Commissioner of Central Excise, Hosur II Division, Second Floor, 67A, Sipcot Industrial Complex, Hosur - 635 126.

ABDUL QUDDHOSE. J., ab

01.08.2022