HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5181 of 2011 Date: November 29, 2011 Between: 1. Atchuta Srinivasarao & another … Petitioners and 1. The Chairman-cum-Managing Director, Andhra Bank, Hyderabad & 2 others. … Respondents * * * HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5181 of 2011 O R D E R: Heard learned counsel for the petitioners and learned counsel for the third respondent bank. 2. The basic grievance of the petitioners is against the withdrawal of amounts by two cheques from their accounts by two individuals viz., one Patan Shakir and K. Srinivasa Rao. The affidavit of the petitioners records that they are members of one YSN Chits (P) Ltd., Mangalagiri, and they had given blank post- dated cheques to that chit fund company relating to the chit transactions. It is alleged that the said chit fund company deposited amounts in the petitioners’ accounts with the third respondent bank and also issued cheques in favour of two individuals referred to above, on the basis of which each one of them withdrawn Rs.1,47,500/- and Rs.3,27,500/- respectively from the petitioners’ accounts. The petitioners state that they do not even know the drawees under the said cheques and the transaction is without their knowledge and consent. The petitioners state that they got issued two legal notices to the third respondent bank dated 19.01.2011 and 22.01.2011 and alleging that the third respondent bank has not responded thereto, nor taken any steps to recover the withdrawn amounts, this writ petition is filed. 3. Counter filed on behalf of the third respondent bank states that the bank has acted in accordance with banking rules and regulations and since the petitioners’ accounts had necessary balance, the cheques in favour of the said two persons received by the bank were passed and transactions were cleared, as it was within the banking norms. Several disputed aspects which are mentioned in the affidavit are stated to be not within the knowledge of the bank and it is asserted that after due verification of bank account transaction in question no irregularity in debiting or crediting the amounts was found as per banking rules. 4. After hearing the learned counsel on either side, I am unable to appreciate as to how petitioners could maintain this writ petition in the absence of the chit fund company as well as the two payees under the said cheques. All of them are not parties to the writ petition. Admittedly, the cheques in favour of two individuals aforesaid were received by the third respondent bank showing that it is duly signed by the petitioners. Therefore, the bank has honoured the same as per the banking rules. The petitioners, however, are attributing several misdeeds and motives against the said chit fund company and the two payees without impleading them and all those disputed questions cannot be adjudicated under Article 226 of the Constitution of India. 5. No apparent irregularity or illegality in the action of the third respondent bank is discernible. Hence, no relief can be granted in this writ petition. However, the petitioners are at liberty to approach appropriate civil or criminal court against the person or persons against whom they have any subsisting grievance and ventilate the said grievance in accordance with law. 6. Subject to the above liberty, the writ petition is dismissed. No order as to costs. ____________________________ VILAS V. AFZULPURKAR, J. Date: November 29, 2011. BSB