IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF NOVEMBER, TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE N.RAVI SHANKAR WRIT PETITION NO. 28099 OF 2010 Between: Sangala Israel and others ..... Petitioners AND Authorised Officer, State Bank of India, Balasamudram Branch, Hanamakonda, Warangal District and others .....Respondents The Court made the following: ORDER: (per the Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking writ of mandamus to declare proceedings dated 12.10.2010 issued by the fourth respondent and proceedings dated 6.3.2010 issued by the third respondent and the consequential action of the respondents in insisting the petitioners to vacate their house bearing No.2-6-95/1 in a plot of 200 Sq. yards in Sy. No. 212/A, Nakkalagutta, Hanmakonda, Warangal district as illegal, arbitrary and violative of the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules framed thereunder. The second petitioner, who is wife of the first petitioner, has availed housing loan of Rs.3.00 lakhs from the second respondent bank on 22.9.2002 by mortgaging the house property and the first petitioner is co-obligant. The said loan was repayable at Rs.4000/- per month. While so, the first petitioner retired from service on attaining the age of superannuation on 30.6.2010 and is waiting for the retirement benefits to clear off the entire dues to the second respondent bank. It is stated that the total amount due is Rs.5,20,000/- and that the respondents 1,3 and 4 have issued proceedings to vacate the house property for recovery of the said sum. Heard learned counsel appearing for the parties on either side. It is contended by the learned counsel for the petitioner that the first petitioner is a judicial employee and that the amount due could not be repaid because of the he falling sick. It is further submitted that the petitioners are expecting retirement benefits and soon after receipt of the same, they will clear off the entire due amount and, therefore, the respondents be restrained from taking coercive steps for recovery of the due amount. In the backdrop of these facts and circumstances and having regard to the fact that the petitioners being borrower and co-obligant, are bound to clear off the entire due amount and also having regard to the fact that the petitioners are expecting and yet to receive the retirement benefits, we deem it appropriate to direct the petitioners to pay the entire due amount, within a period of two months, from today. Till then, the respondents are directed to not to take coercive steps for recovery of the amount due. In case of failure of the petitioners to pay the entire due amount within the stipulated time, the respondents are liberty to proceed in accordance with law for the recovery of the amount due. With these directions, the writ petition is disposed of. No order as to costs. ______________________ Justice Ghulam Mohammed ___________________ Justice N.Ravi Shankar November 22, 2010 MAS.