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 : 805 of 1998 Between: 1 M/s Sri Venkata Ramana Parboiled Rice Mill, Rep by Managing Partner O/o Polt No.112, Industrial Development Area, Khammam. 2 Sri T.Siva Rama Krishna Rao, S/o Prakash Rao, R/o Plot No.112, Industrial Development Area, Khammam. ..... PETITIONER(S) AND 1 Union Of India, Rep by Secretary, Finance Dept., New Delhi. 2 The Vijaya Bank, Asset Recovery Management Branch, 5-1-743, Bank Street, Hyderabad. 3 The Debt Recovery Tribunal, Government of A.P., Banglore. .....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 may be pleased to issue writ or direction preferably writ or Mandamus declaring the original proceedings bearing OA.No.597/95 on the file of the 3rd respondent against the petitioner as being invalid, after declaring the provisions of Act 51 of 1993 as being illegal, violative of principles of natural justice and unconstitutional as being violative of arts.14,19,21,246(3)&300(A) of Constitution of India and for a consequential order directing the respondents to drop all further proceedings in this regard and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case. Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: MR.P.BADRI PREMNATH The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.805 of 1998 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. 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{VEENA} [1] (2002) 4 Supreme Court Cases 275