IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.32894 of 1997 Between: 1 Rep. by Sri D.L. Narasimha Rao, Partner S/o. Seshaiah M/s. Green Acres Poultry Farm R/o 1-73,Turkayamjal, Ranga Reddy District a partnership firm constituted under the Indian Partnership Act 2 D.L. Narasimha Rao S/o Venkata Seshaiah R/o 1-73, Turkayamjal, Ranga Reddy District 3 D. Venkateswara Prasad S/o D.L. Narasimha Rao R/o 16-8-240/9, New Malakpet, Hyderabad ..... PETITIONER(S) AND 1 Union of India rep. by Secretary, Financer Department Central Secretariat, New Delhi 2 Bank of Allahabad rep. by Branch Manager Santoshnagar Branch, Hyderabad 3 Chairman, Debt Recovery Tribunal Krishi Bhavan, Hudson Circle, Nrupathunga Raod, Bangalore constituted under the provisions of Recovery of Debts due to Banks and Finanacial Institutions Act, .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate order or direction or writ, more particularly one in the nature of Writ of Mandamus declaring the original proceedings bearing O.A.No.576/1997 on the file of the 3rd Respondent Tribunal against the petitioners as being invalid, illegal, voilative of the principles of natural justice and unconstitutional and it is voilative of Art. 14,19, 21, 246(3) & 300-A of the Constitution of India and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. Counsel for the Petitioner:MR.P.VENUGOPAL Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.32894 of 1997 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed questioning the provisions of Debt Recovery Act No.51 of 1993. It is not in dispute that the constitutional validity of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, was upheld by the Apex Court in UNION OF INDIA AND ANOTHER Vs. DELHI HIGH COURT BAR ASSOCIATION AND OTHERS[1]. The subject matter of this writ petition is squarely covered by the said decision. Therefore, we are of the opinion that the petitioners are not entitled for any relief. Accordingly, the writ petition is dismissed. The interim order granted on 10-12-1997 stands vacated. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 27-01-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{PRASAD} [1] (2002) 4 Supreme Court Cases 275