IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26231 of 2008 Between: V. Srinivas Rao S/o. V.Venkateswara Rao R/o. 4-7-265, Bus Depot Road, Bagh Hayathnagar, Hayathnagar Ranga Reddy District. ..... PETITIONER AND The Branch Manager, PNB Housing Finance Limited, 6-1-73, Sayeed Plaza Lakdikapul, Hyderabad, Hyderabad District. .....RESPONDENT 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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent taken over the possession of schedule house in Plot No.10, admeasuring 200 Sq. Yards, in Survey No.320, situated at Hayathnagar Village, Hayathnagar Revenue Mandal, Ranga Reddy District by way of execution of warrant dt. 7.11.2008 in M.P.NO.5822/2008 without following due process of law under section 13(2) of the Chapter-III of the securitization & reconstruction financial assets and enforcement of security interest Act 2002 is illegal, arbitrary and violative of the article 21 of the Constitution of India and consequently direct the respondent bank to allow the petitioner to pay regular monthly installment and pass Counsel for the Petitioner:MR.G.ALLABAKASH Counsel for the Respondent No.: MR.AMBADIPUDI SATYANARAYANA The Court made the following : ORAL ORDER: This Writ Petition is filed with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent taken over the possession of schedule house in Plot No. 10, admeasuring 200 sq.yards, in survey No. 320 situated at Hayathnagar Village Hayathnagar Revenue Mandal, Ranga Reddy District by way of execution of warrant dated 7.11.2008 in M.P.No. 5822/2008 without following due process of law under Section 13(2) of the Chapter-III of the securitization and reconstruction financial assets and enforcement of security interest Act. 2002 is illegal, arbitrary and violative of the Article 21 of the Constitution of India and consequently direct the respondent bank to allow the petitioner to pay regular monthly instalment and pass such other order or orders as this Hon’ble Court deems fit and proper in the interest of justice.” As it is clear that the petitioner’s mother was regular in payment of instalments, this court is of the view that the petitioner, who is the co- borrower can be directed to pay half of the entire arrears as of now, (viz., Rs. 1,88,391/- as per the statement produced by the Standing Counsel for the respondent-Bank) within a period of six weeks from today. So far as the balance amount is concerned, the petitioner is directed to pay the said amount in six equal monthly instalaments in addition to the regular instalments to be paid. As stated supra, if the petitioner pays half of the entire arrears as of now, within a period of six weeks from today, the respondent-Bank shall give vacant possession of the schedule house, which was taken over on 27.11.2008, in Plot No. 10, admeasuring 200 sq. yards, in S.No. 320 situated at Hayathnagar Village, Hayathnagar Revenue Mandal, Ranga Reddy District, to the petitioner. Accordingly, the Writ Petition is disposed of. No order as to costs. _______________________________ GOPALA KRISHNA TAMADA, J Dt. 02.12.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CD copies