IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : : THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD W.P.No.7610 of 2011 Dated:20-08-2011 Between: Budda Srinivasa Rao. ….Petitioner. And The Authorized Officer, State Bank of India and others. ….Respondents. The Court made the following: THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD W.P.No.7610 of 2011 ORDER: (per the Hon’ble Sri Justice P.Durga Prasad) This Writ Petition is filed for issuance of writ of Mandamus directing the respondent Nos.1 and 2 not to proceed further in respect of 0.14 cents of land in S.No.1090/3 (Part), situated at Govarapalem, Anakapalli, Visakhapatnam District and consequently to set aside the dismissal Order in S.A.No.38 of 2010 on the file of Debts Recovery Tribunal, Visakhapatnam dated 03.08.2010 and to restore the same to file. The writ petitioner has filed S.A.No.38 of 2010 before the Debts Recovery Tribunal under Section 17 (1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 questioning the action taken under the said Act against his agricultural lands and during the pendency of the said proceedings he has filed I.A.No.96 of 2010 for stay and the same was allowed on 08.03.2010. Subsequently, when the writ petitioner is unable to attend the tribunal, the same was dismissed on 03.08.2010. Thereafter, he filed an application for set aside the dismissal Order with condone delay petition for condonation of delay of 107 days in filing the restoration petition on 24.11.2010. During the pendency of the said petition, respondent Nos.1 and 2 sold the property in auction to one A.V.V.N.Ganesh by making the publication in Eenadu and Hindu Daily News Papers on 27.01.2011. The writ petitioner’s counsel has pleaded that the petitions filed by the petitioner for condonation of delay in filing the restoration petition and petition to restore the S.A.No.38 of 2010 were not taken up by the Debts Recovery Tribunal so far, which resulted in auction of the petitioner’s property. Since the petitions for condonation of delay and for restoration of S.A.No.38 of 2010 are pending before the Debts Recovery Tribunal, the prayer made by the writ petitioner in this writ petition cannot be granted. Accordingly, the writ petition is dismissed. However, the Debts Recovery Tribunal is directed to dispose of the applications filed for condonation of delay and for restoration of S.A.No.38 of 2010 within a period of six (6) weeks from the date of receipt of a copy of this Order and pending disposal of said applications the respondents are directed to maintain status quo with regard to the property involved in the said S.A.No.38 of 2010. There shall be no Order as to costs. _______________________ JUSTICE N.V.RAMANA. _____________________________ JUSTICE P. DURGA PRASAD Dated:20-08-2011 Ksp