SHIVARAMA B.T. Vs. VELLARIKUNDU PRIMARY CO

JUDGEMENT

(1.) The petitioner, who availed financial assistance from the 1st respondent Bank under loan Account Nos.2046/CON, 732/CON, 777/CON and 834/CHAB, for a total sum of Rs. 9 lakhs, on the strength of his property having an extent of 1.48 acres of land comprised in Sy.No.351/C7 PT of Panathadi village in Vellarikundu Taluk and 0.57 acres of land comprised in Sy.No.351/C9 PT of Panathadi village in Vellarikundu Taluk, has approached this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 auction sale notice dated 8.12.2017 issued by the 2nd respondent Special Sale Officer and seeking a writ of mandamus commanding the respondents to refrain from all proceedings initiated pursuant to Ext.P1 sale notice and allow him to pay the outstanding amount in 20 equal monthly instalments and regularise the loan accounts.

(2.) On 29.1.2018, when this writ petition came up for admission, this Court issued urgent notice by speed post to respondents 1 and 2, returnable within three weeks. This Court granted interim stay of all proceedings pursuant to Ext.P1 for a period of one month on condition that the petitioner deposits a sum of Rs. 2 lakhs, within a period of one week from that date, and a further sum of Rs. 2 lakhs, within a period of two weeks thereafter.

(3.) After remitting the first instalment of Rs. 2 lakhs in terms of the order of this Court dated 29.1.2018, the petitioner moved I.A.No.4153/2018, seeking extension of time for payment of the second instalment. In the said interlocutory application, this Court passed an order dated 2.3.2018, whereby the time limit for depositing the second instalment of Rs. 2 lakhs was extended for a further period of two weeks from that date, i.e., till 16.3.2018.