IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.22397 of 2008 Between: Smt. G. Sesha Ratnamma, W/o. late Dr. Ramgopal Sarma, Resident of H.No.2-61, Simhadri Nagar, Valasapakala, Kakinada, East Godavari District. ...Petitioner And 1. The Authorised Officer under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Chief Manager (Advances), Southern Zonal Office, State Bank of Bikaner & Jaipur, Mumbai. 2. The State Bank of Bikaner & Jaipur, Shivajinagar Branch, Secunderabad, represented by its Chief Manager. 3. The Debts Recovery Tribunal Andhra Pradesh, Hyderabad. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue any appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notification dated 20-9-2008 issued by the first respondent herein in Deccan Chronicle and Sakshi both dated 20-9-2008 in seeking to put the property bearing No.41/2, House No.10-1-671, West Marredpally, Secunderabad cited as Item No.4 in the said notice as illegal, arbitrary and untenable and consequently set aside the same. Counsel for the petitioner : Sri V. Hariharan Counsel for the respondents : None The Court made the following: ORDER: (Per Anil R. Dave, C.J.) The case of the petitioner before this Court is that though she or her mother never mortgaged her house property bearing house No.41/2RT, MCH No.10-1-671 admeasuring 162.5 square yards situated at West Marredpally, Secunderabad, it was sought to be auctioned by State Bank of Bikaner & Jaipur – respondent No.2 at the instance of respondent No.1 for discharge of debts of somebody. It is the specific case of the petitioner that the afore-stated property belonging to her mother was never mortgaged by her mother. In the circumstances, the mother of the petitioner had filed Securitisation Application No.129 of 2007, and also I.A.No.726 of 2007 before the Debts Recovery Tribunal, Hyderabad (for short, ‘the Tribunal’). The Tribunal passed a conditional order in favour of the petitioner’s mother. During the pendency of S.A.No.129 of 2007, the petitioner’s mother expired and in the meantime, the said S.A. was also dismissed for default on 1st August, 2008. In the afore-stated circumstances, the petitioner had filed an application to set aside the order passed in S.A.No.129 of 2007 and to restore the same, along with an application to condone the delay, and the same had not been heard by the Tribunal. Therefore, the petitioner was constrained to approach this Court. By order dated 15th October, 2008, ad interim relief was granted, whereby auction sale of the afore-stated property was not permitted. During the pendency of this petition, the application filed by the petitioner before the Tribunal for setting aside the order passed in S.A.No.129 of 2007 has been rejected and, therefore, the petitioner desires to file an appeal against the said order. It has been stated that the appeal shall be filed as soon as possible, but now, in the meantime, the petitioner be provided with some protection. Looking to the facts of the case, though none has appeared on behalf of the respondents, though served, in the interest of justice, the protection granted by this Court on 15th October, 2008 is continued up to 31st December, 2008. Subject to the afore-stated limited protection, the petition is disposed of with no order as to costs. ANIL R. DAVE, C.J. 8th December, 2008 R. SUBHASH REDDY, J. ……REGISTRAR To 1. The Authorised Officer under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Chief Manager (Advances), Southern Zonal Office, State Bank of Bikaner & Jaipur, Mumbai. 2. The Chief Manager, State Bank of Bikaner & Jaipur, Shivajinagar Branch, Secunderabad. 3. The Presiding Officer, Debts Recovery Tribunal Andhra Pradesh, Hyderabad. 4. Two C.D. copies. ARS