MARUTURI RAGHAVENDRA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) This writ petition is filed questioning the unilateral execution and registration of two deeds of cancellation dtd. 5/9/2011 by which a certificate of sale issued by the Debt Recovery Tribunal was cancelled without notice etc.

(2.) This case raises some interesting questions for decision.

(3.) Petitioners are the successful bidders in an auction conducted by the Debt Recovery Tribunal, Visakhapatnam. The State Bank of India, Chirala filed O.A. No. 62 of 2009 against a defaulting borrower for recovery of the money due. The Tribunal decreed the O.A., and issued a certificate for recovery of the sum due. The certificate was transmitted to the Recovery Officer, who exercised the powers conferred on him by the Recovery of Debts and Bankruptcy Act, 1993. He brought the property to sale in an auction held on 18/10/2010. The petitioners were the highest bidders for items 2 and 3 of the auction held on 18/1/2021. The sale was confirmed in their favour. An order of confirmation was also given in favour of the petitioners. The sale certificates were also registered on 29/1/2011. Thereafter, the petitioners came to know that unilateral deeds of cancellation bearing Nos. 4127 and 4128 of 2011 were executed by the District Collector, Ongole and the same were also registered. Questioning the said registration of the unilateral deeds on various grounds, the present writ petition is filed.