CHILAKALA LAKSHMI DEVI Vs. DEBTS RECOVERY TRIBUNAL

JUDGEMENT

(1.) The petitioner initially filed this writ petition under Article 226 of the Constitution of India, challenging the auction of the property admeasuring Ac.3.00 in D. No. 142, out of total extent of Ac.6.93 situated in Agathavarappadu Village, Pedakakani Mandal, Guntur District as illegal and arbitrary. Subsequently, by way of amendment vide orders in W.P.M.P. No. 46285 of 2013 this Court permitted the petitioner to assail proclamation of sale-cum-e-auction notice dated 28.10.2013 as being violative of Debtd Recovery Act, SARFASI Act, Income Tax Act, Rules and Clauses 4.23 and 4.24, Guidelines for Valuation of Immovable Properties issued by the Directorate of Income Tax Department in 2009. The case of the petitioner, as per the pleadings available on record, is as under.

(2.) A counter affidavit is filed on behalf of respondents 3 to 5, opposing the sale of the subject property while practically supporting the case of the writ petitioner herein. A counter affidavit and also additional counter affidavit are filed on behalf of the 8th respondent, denying the averments in the writ affidavit and justifying the impugned action.

(3.) Heard Sri P.V. Raghu Ram, learned counsel for the petitioner, Sri M.A.V.S. Bhagwan, learned counsel appearing for respondent Nos. 3 to 5, and Sri V. Raghu, learned counsel appearing for respondent No. 8 and perused the material on record.