WP/20447/2019 of K NAGARAJ Vs A.P.State Financial Corporation Ltd.,

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.20447 OF 2019 ORDER:- 1. The writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “To issue writ of mandamus, declaring the action of the 1st and 2nd respondents in issuing a notice for attachment (Form No.5) i.e AFC/RR AT/32G/AAR/716 dated 28.11.2019 attaching my property and also notices dated 05.11.2019 & 06.05.2019 as illegal, arbitrary and contrary to the provisions of the State Financial Corporations Act, 1951 and Andhra Pradesh Revenue Recovery Act, 1864 and violative of Articles 14 & 300-A of the Constitution of India and consequently direct the 1st and 2nd respondents to release my property mentioned, as it is illegal to keep it in their custody.” 2. The brief facts of the case are that, Respondent Nos.1 & 2 Corporation has sanctioned a Term Loan of Rs.30 lakhs on 28.11.2012 to Dr. A. Anusha Rani/Respondent No.3 under Practicing Doctor‟s Scheme to purchase medical equipment for Nursing Home. One third party Gundra Srinivasa Reddy s/o Sundara Rami Reddy, r/o Nellore offered his property admeasuring an extent of 458.72 sq.yds as collateral security, by depositin