MOPURI HEMAVATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

(2.) The petitioner purchased house plot in an extent of Ac.0-05 cents out of Ac.1-73 cents in Sy.No.687/2 in Ward No.32, Srinivasa Nagar, Chinna Chowk Village Fields, Kadapa Mandal, Y.S.R Kadapa District (hereinafter referred as "subject property') through a Sale Deed dtd. 16/4/1999 vide Document No.1397/2020 from one Smt. Gajjala Lakshmi Devi and others, who in-turn purchased the same through the registered Sale Deeds dtd. 22/1/1994 registered Document Nos.241 and 242/1994 from Sanjeevi - vendor's vendor, who in turn purchased the same through Sale Deed dtd. 23/2/1984 registered Document No.857/1984. Since the date of purchase, the petitioner's vendor's vendor was in possession and enjoyment of the property and after purchase of the property, under registered sale deed by the petitioner dtd. 16/4/1999, the petitioner is continuing in possession and enjoyment of the property and availed loan from State Bank of Hyderabad, mortgaging the property.

(3.) As the petitioner is in financial crisis, she could not repay the loan secured from the bank. Under these circumstances, State Bank of India initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "SARFAESI Act') for recovery of loan account from this petitioner.