IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 26894 of 2008 Between: 1 Konganti Venkata Suresh Babu, S/o. Ramesh Babu, R/o. 40-9-90/1, Sainagar, Near Benz Circle, Vijayawada - 8. 2 Chilakapaati Shoba Rani, W/o. Late Rajendra Prasad, R/o. Bank Colony, Bharathnagar, Vijayawada - 8. Rep by GPA holder 3 Katragadda Kamalakara Rao, S/o. Late Venkateshwar Rao, R/o. 10-168/1, Varalaxmipuram, 3rd Line, Kanuru, Vijayawada - 7. 4 Katragadda Krishna Prasad, S/o. Late Venkateshwar Rao, R/o. 10-168/1, Varalaxmipuram, 3rd Line, Kanuru, Vijayawada - 7. rep by GPA Holder (P3) 5 K. Venkata Ram Babu, S/o. Late Venkateshwar Rao, R/o. 10-168/1, Varalaxmipuram, 3rd Line, Kanuru, Vijayawada - 7. 6 Smt. Movva Sudharani, W/o. Ramana Babu, R/o. Flat No. 504, Vasantha Nilaya Apartments, Beside : MRF Godowns, Brindavan Colony, Labbipeta, Vijayawada - 7. ..... PETITIONER(S) AND 1 The Bank of India, Overseas Branch, Ramanagar, Visakhapatnam, Rep by its Manager 2 The Debts Recovery Tribunal, Visakhapatnam Bench, Visakhapatnam Rep by its Registrar. .....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 will be pleased to to issue an appropriate writ, order or direction more particularly one in the nature of Writ of certiorari calling for the records pertaining to OA No. 647 of 2002 on the file of Debt Recovery Tribunal, Visakhapatnam and declare the same as arbitrary, failure to exercise power, non application of mind to the relevant material available on record, violative of principles of natural justice, violative of the procedure contemplated under the Recovery of Debts Due to Banks and Financial Institutions Act 1993 and the Debts Recovery Tribunal (Procedure) Rules 1993, violative of the Fundamental Right Guaranteed under Article 14 and 19, deprivation of constitutional Right guaranteed under Article 300-A of the constitution of India, on the ground that the pending interlocutory applications are not decided, set-aside the same and consequently direct the 2nd respondent to decide the interlocutory applications filed by us and pass Counsel for the Petitioner:MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: . The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) Learned Advocate for the petitioners seeks permission to withdraw the petition so as to enable the petitioners to approach the Debts Recovery Tribunal with an appropriate application for review of the order passed in O.A.No. 647 of 2002. Permission granted. The petition stands disposed of as withdrawn with no order as to costs. _______________________ ANIL R. DAVE, CJ ___________________________ R. SUBHASH REDDY, J 11th December, 2008. GRR