Jalajakshi Madhupada vs. Union Of India
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble Battu Devanand , Dr V R K Krupa Sagar
Listed On:
12 Jan 2023
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Order Text
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No.: W.P.No. 990 of 2023
PROCEEDING SHEET
| Sl.<br>No | DATE | ORDER | |
|---|---|---|---|
| 12.01.2023 | DEV,J & Dr.VRKS,J<br>W.P.No.990 of 2023 | ||
| Notice before admission. | |||
| Sri P. Yagnadutt, learned counsel appearing for the | |||
| Central Government,<br>takes notice for the respondent | |||
| No.1. | |||
| Issue Notice to the respondent Nos. 2 and 3. | |||
| Personal Notice is permitted to the respondent Nos. | |||
| 2 and 3 and file proof of service within two weeks. | |||
| Post after three weeks. | |||
| <br>___<br>DEV,J | |||
| <br>______ | |||
| Dr.VRKS,J | |||
| I.A.No.1 of 2023 | |||
| Heard<br>Sri<br>B.P.<br>Raju,<br>learned<br>counsel<br>for<br>the | |||
| petitioners and perused the record. | |||
Learned counsel for the petitioners contends that the respondent No.2 issued E-Auction Notice dated 30.12.2022 fixing the E-Auction date and time on 07.02.2023, but in the light of the Orders of the concerned Chief Metropolitan Magistrate at Visakhapatnam, the respondents are taking possession of the house wherein the petitioners are residing. If possession is taken by the respondents before conducting auction proceedings, the learned counsel for the petitioners submits that the entire family of the petitioners' has to be stand on the roads.
Considering the grievance of the petitioners and in view of the facts and circumstances of the case, in the prima facie opinion of this Court, interim order has to be passed to protect the interest of the petitioners by imposing certain conditions to meet the interest of justice.
Accordingly, there shall be interim stay of all further proceedings pursuant to the impugned E-Auction Notice dated 30.12.2022 on condition of the petitioners depositing 50% of the outstanding due as on date within
2
| a period of three weeks from today. | ||
|---|---|---|
| <br>___<br>DEV,J | ||
| <br>______<br>Dr.VRKS,J<br>Note: Issue CC today. | ||
| B/o<br>eha | ||