S ANURADHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard counsel for the petitioner, Sri A.Sumanth, Standing Counsel for 1st respondent, Sri A.Krishnam Raju, Counsel for respondents 2 & 3, and Sri Gagi Reddy, Counsel for 4th respondent.

(2.) Petitioners have filed this Writ Petition to declare the action of the 3rd respondent in (a) conducting e-auction on 10.08.2018 without following due process of bidding, (b) the consequently confirming the bid for sale of property issued in proceedings No.UBI:ADV:2018/228 dt.20.08.2018 and (c) the issuance of sale certificate dt.30.01.2019 as arbitrary, illegal and contrary to Rules 9(3) and 9(4) of the Security Interest (Enforcement) Rules, 2012 (for short 'the Rules'). They also seek setting aside of confirmation order, sale certificate and for restoration of possession of the subject property.

(3.) In brief, the petitioners have purchased the subject property under a registered sale deed bearing document No.11942 of 2017 dt.04.09.2017 from their previous vendors, but at the time of execution of the said sale deed, the petitioners' vendors did not give to the petitioners the original of the link document No.10565/2008 contending that they were lost.