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.23699 of 1997 Between: 1 R. Narsing Rao, S/o Late R. Subhash, R/o. 15-5-686, Ashok Bazar, Hyderabad. 2 Smt. M. Pushpamma, W/o late M.M.R. Yellappa, R/o. 23-6-472, Sri Marketing Complex, Gowlipura, Hyderabad. 3 Smt. R. Padma, W/o R. Narsing Rao, R/o. 15-5-686, Ashok Bazar, Hyderabad. 4 Smt. K. Hemalatha, W/o K. Surender, R/o. H.No. 23-6-472, Gowlipura Market, Hyderabad. ..... PETITIONER(S) AND 1 Union of India, Rep. by its Secretary, Finance Department, Central Secretariat, New Delhi. 2 Syndicate Bank, Rep. by its Branch Manager, Shah Ali Banda Branch, Hyderabad. 3 Chairman, Debts Recovery Tribunal, Krishi Bhavan, Hudson Circle, Nrupathunga Road, Bangalore. .....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 order or direction or writ, more particularly one in the natue of Writ of Mandamus, declaring the original proceedings bearing O.A.No. 1185 of 1996 on the file of the learned 3rd respondent Tribunal against the petitioners, as being invalid, illegal, violative of the principles of natural justice, unconstitutional and violative of Article 14, 19 21, 246(3) and 300-A of the Constitution of India and order re-transfer of the suit O.S.No. 1523 of 1992 on the file of the II Additional Judge, City Civil Court, Hyderabad, where it was pending before transfer which is re-numbered as O.A.No. 1185/96, 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.23699 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 19-09-1997 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{KRD} [1] (2002) 4 Supreme Court Cases 275