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2026 Supreme(Online)(Tel) 16302

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
Macha Lalitha – Appellant
Versus
The State of Telangana – Respondent
WP 9791/2026



HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.9791 OF 2026 DATED: 06.04.2026 Between:

Smt. Macha Lalitha ……Petitioner And The State of Telangana and Others ....Respondents

ORDER:

Heard Sri P.Rama Sharana Sharma, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Cooperation appearing on behalf of the respondent No.1 and Sri Srinivas Polavarapu, learned standing counsel appearing on behalf of the respondent Nos.3 & 4.

2. The petitioner approached the Court seeking prayer as under:

“….pleased pass an order or direction or writ in the nature of Mandamus duly declaring the auction notice dated 22.02.2026 (signed on 21.02.2026) and intimation of the auction dated 06.03.2026, in respect of the property vide an extent of 1331 Square Yards in Survey Number 634, at Palvoncha Village and Mandal, Bhadradri Kothagudem District, in regard to the Account Number 220153140000045, with the 4th respondent Bank, as illegal, arbitrary and against the principles of natural justice and consequently set aside the auction held on 02.03.2026 in respect of the above property in the interest of justice and to pass.…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under:

It is the case of the petitioner that the petitioner had availed a loan of ₹37,00,000/- from the 4th respondent Bank on 16.04.2019 and had been regularly paying the EMIs, including occasional lump sum payments. However, certain lump sum payments were allegedly miscredited to petitioner’s husband’s loan account, resulting in discrepancies. Without any prior notice of recovery proceedings, the petitioner was issued an auction notice dated 22.02.2026 (signed on 21.02.2026), fixing the auction date as 02.03.2026 in EP No. 2471/2019-20, without petitioner’s knowledge and without proper service of notice. The auction was conducted on 02.03.2026, and the petitioner had been informed on 06.03.2026 that the property had been auctioned for ₹95,25,000/-, which is significantly below the market value. Thereafter, the petitioner made a representation on 28.03.2026 to the 3rd respondent expressing petitioner’s willingness to clear the dues; however, the respondents failed to respond or furnish the requested details, including those sought through the RTI application dated 20.03.2026.Aggrieved by procedural violations and non-consideration of petitioner’s request, the petitioner had approached this court by filing the present writ petition seeking to set aside the auction proceedings.

PERUSED THE RECORD DI SCUSSI ON AND CONCLUSI ON:-

4. Learned counsel appearing on behalf of the petitioner mainly puts-forth the following submissions:-

i) I n pursuance to the auction notice, dated 22.02.2026 (signed on 21.02.2026) intimating that the auction would be held on 06.03.2026, in respect of the petitioner’s subject property admeasuring 1331 Sq.yards in Survey No.634 at Palvoncha Village & Mandal, Bhadradri Kothagudem District, pertaining to Account Number 220153140000045 with the 4th respondent Bank. The petitioner, vide a detailed representation, dated 28.03.2026 addressed to the Branch Manager, DCCB Head Office, Khammam, admitted the petitioner’s liability and also expressed that the petitioner was ready and willing to pay the dues payable to the respondent Bank.

ii) The petitioner also requested the respondent Bank to furnish the total loan amount obtained by petitioner from the respondent bank and the particulars of the amount already paid by petitioner towards the loan and also the balance amount currently payable by petitioner to the respondent Bank.

iii) But, however the request of the petitioner had not been considered and the respondents have proceeded to confirm the auction, ignoring the petitioner’s representation, dated 28.03.2026 addressed to the respondent Bank, wherein the petitioner had admitted the petitioner’s liability to repay the loan dues.

Based on t

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