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.31359 of 1997 Between: 1 Dr. R.Madan Mahan Rao, S/o. Dhananjay Rao, R/o. 5-9-22/81,Shapurwadi , Hyderabad. 2 Ms. Siddula Parvati, d/o. Madhav Rao, R/o. Plot No.12, chadulal Bowli, Sikh Village Secunderabad Cantonment ..... PETITIONER(S) AND 1 Union of India , rep. by it's Secretary ,Law department, Parliament House, New Delhi. 2 State Bank of Hyderabad, Small Industries & Business Branch, Aditya Complex,Seethampet,Rajendranagar, Visakhapatnam - 530 016. 3 Chairman,Debt Recovery Tribunal, 3 Krishni Bhavan, Nruptunga Road, Bangalore. 4 M/s. Bhavana Mushrooms, Rep. by Prfoperietrix Mrs. A.Bhavani Chandra MIG 17, HB Colony, Seethammadhara Visakhapatnam 5 Sri V.Eswar rao, S/o Veeranna 8-56, Cross Road, Chinna Thippa Samudram Village, Madanapalle Mandal, Chittor 517319 6 Sro V.Ramesh Babu S/o.Eswar Rao 8-56, Cross Road, Chinna Thippa Samudram Village, Madanapalle Mandal, Chittor 517319 .....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 will be pleased to issue an appropriate order or direction or writ more particularly one in the nature of a 'Writ of Mandamus' declaring the original proceedings bearing O.A.No.1177/97 on the file of the 3rd Respondent against the petitioners as being invalid, after declaring the provisions of act 51/1993 as being illegal, violative to the principles of natural justice and unconstitutional as being violative of Art.14,19,21,246(3)&300(A) of the Constitution of India and pass such other and further order or orders as this Hon'ble Court deems fit and proper. Counsel for the Petitioner:MR.M.R.HARSHA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31359 of 1997 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. The interim order granted on 26-11-1997 stands vacated. 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{PRASAD} [1] (2002) 4 Supreme Court Cases 275