IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 15186 of 2008 Between: M/s Harika Minerals, Rep by its Prop.Sri Vasireddy Krishna, D.No.86-26-10/4, V.L.Puram, Rajahmundry, E.G.District. ..... PETITIONER AND 1 The Union Bank India(A Government of India Undertaking), Rep by its Authorised Officer, Regional Office, Dwarakanagar, Visakhapatnam. 2 The union Bank of India, Rep by its Branch Manager, T.Nagar, Rajahmundry, East Godavari District. 3 The Collector and District Magistrate, West Godavari District, Eluru. .....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 appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in initiating the proceedings under the Securitisation and Reconstruction of financial assets and Enforcement of Security Interest Act without issuing any notice to the petitioner under Sec.13(2) or 13(4) of the said Act and the order passed by the 3rd resopndent at the instance of the 1st respondent dated 24-4-2008 to take possession of the mortgaged property as illegal, arbitrary and inviolation Principles of Natural Justice and consequently set aside the proceedings initiated by the respondents in the interest of justice to pass Counsel for the Petitioner:MR.K.VENKATESH Counsel for Respondent No.1 & 2: MR.M.HAMSA RAJ Counsel for Respondent No.3 : GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR W.P.No.15186 of 2008 ORDER: (Per Ghulam Mohammed, J) This writ petition is filed seeking a writ of Mandamus to declare the action of the respondents in initiating the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act without issuing any notice to the petitioner under Section 13(2) or Section 13(4) of the Said Act and the order passed by the 3rd respondent at the instance of the 1st respondent dated 24.4.2008 to take possession of the mortgaged property, as illegal and arbitrary. In view of the dismissal of Writ Petition No.19799 of 2008 today, this writ petition is also dismissed on the same terms. No costs. _____________________ GHULAM MOHAMMED,J _____________________ VILAS V. AFZULPURKAR,J 29-06-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{LS}