IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD 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: 693 of 2009 BETWEEN: Syamala sunder Reddy S/o. Late Koti Reddy, R/o. Morampalli Banjara Village Burgampahad Mandal, Khammam District-507114 ... PETITIONER AND 1 Andhra Pradesh State Financial Corporation, Rep. by its Branch Manager, Khammam Branch, 9-3-71, E.R.R. Complex, Khammam. 2 Andhra Pradesh State Financial Corporation, rep. by its Managing Director, 5-9-194, Chirag Ali Lane, Hyderabad-500001. 3 Andhra Pradesh State Financial Corporation, rep. by its General Manager, 5-9-194, Chirag Ali Lane, Hyderabad-50000. ...RESPONDENTS 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 a writ order or direction more in the nature of writ of mandamus declaring the action of the respondents in inviting Sealed Tender Notice for sale of Assets belongs to M/s. S.S.R. Parboiled Rice Mill, Situated at Morampalli Banjara Village, Burgampahad Mandal, Khammam District along with agricultural land situated in Sy.Nos.190/106, 190/107 to an extent of acres 16-12, 16-12 and 11.00 acres respectively as arbitrary, illegal and also contrary to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 without power and jurisdiction and consequentially declare that the Respondents cannot sale the property in question and to pass such other order or orders. Counsel for the Petitioner: MR.P.V.RAMANA Counsel for the Respondents: MR.M.S.RAMACHANDRA RAO The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) Petitioner questions the action of the respondents in issuing auction notification dated 26.05.2008 for the sale of assets belonging to her along with agricultural lands in Sy.Nos.190/106, 190/107 and 190/108 situated in Nellipaka Village, Aswapuram Mandal, Khammam District in an extent of Ac.16.12 guntas, Ac.16.12 guntas and Ac.11.00 guntas respectively as illegal and arbitrary. 2. Sri. M.S. Ramachandra Rao, learned counsel for the respondents submits that the validity of the auction notification dated 26.05.2008 will be for a period of 90 days only and as the 90 days period already expired by August 2008, the respondents are not going to proceed further pursuant to the impugned auction notification dated 26.05.2008. Recording the above submission, the writ petition is accordingly dismissed as infructuous keeping it open to the respondents to take appropriate action in accordance with law and in that event, it is always open to the petitioner to question the same. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J January 23, 2009 DSK