THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.20240 of 2011 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) The petitioners state that they are the absolute owners in respect of an extent of Ac.0.45 cents situated in D.No.172/C, Block No.1, Chilakaluripet Municipality, Guntur District having purchased from the fifth respondent and his brothers. They allege that they never mortgaged their property with the third respondent-bank and the mortgage by the fifth respondent or any other person is not binding on them. Contending that the issuance of sale notice dated 14.06.2011, in R.P.No.81 of 2007 in O.A.No.40 of 2006, for sale of the aforesaid land by the second respondent on the application by the third respondent, as arbitrary and illegal, the present Writ Petition is filed. Learned Counsel for the petitioners would submit that the mortgage in respect of the land in question in null and void as the petitioners are in possession of link deed and allege fraud by the third party in mortgaging the property in question. In writ proceedings exercising jurisdiction under Article 226 of the Constitution of India, this Court cannot go into the question of fraud. However, the petitioners got an alternative remedy to approach the Debts Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Writ Petition is, therefore, misconceived and is dismissed. No order as to costs. GHULAM MOHAMMED,J K.G.SHANKAR,J Dt:19.07.2011 Usd