HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE B.N. RAO NALLA W.P.No. 22830 of 2010 Date: 20-09-2010 Between Shaik Hussain Saheb ………… Petitioner And Union bank of India and others …… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE B.N. RAO NALLA W.P.No. 22830 of 2010 ORDER: (Hon’ble Sri Justice B. Prakash Rao) Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondent-bank and at their request, the main writ petition itself is taken up for disposal. This writ petition is filed seeking Mandamus declaring the tender notification, dated 22-08-2010 issued under Section 13(2)(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’) issued by the second respondent calling for sealed tenders to be opened on 25-09-2010 for the proposed alienation of the residential house of the petitioner as illegal, arbitrary and contrary to the provisions of the Act. The petitioner obtained housing loan from the respondent-bank and paid monthly installments for some period and thereafter he committed default. Therefore, the respondent-bank purportedly initiated proceedings under the provisions of the Act, and issued a tender notification on 22-08-2010 fixing the auction on 25-09-2010. The learned counsel appearing for the petitioner submits that in fact substantial amount has already been paid by the petitioner and if sometime is granted, the petitioner will discharge the remaining loan amount. Be that as it may. But, having regard to the jurisdiction of this Court under Article 226 of the Constitution of India, the question of any interdiction of the proceedings under the Act does not arise, nor there are any warranting circumstances to call for any interference by this Court. However, since the petitioner has paid substantial amount, it is quite desirable that an opportunity should be given to him. Therefore, the petitioner is directed to submit his representation to the second respondent within three days from today along with the details of payments made by him and also with all the requests, to which he is entitled to, and the same shall be considered by the second respondent and pass appropriate orders as expeditiously as possible and communicate the same to the petitioner. Subject to the above observation, the writ petition is dismissed. No order as to costs. ________________ B. PRAKASH RAO, J ________________ B. N. RAO NALLA, J Date: 20-09-2010 Note: Issue C.C. by tomorrow. YCR