IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE and THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 3318 of 2004 Between: 1. M/s. Tirumala Printing & Dying Works, Ramnagar, Hyderabad rep., by its Proprietor K. Yellaiah, S/o. Muttaiah, R/o. 1-9-236/2/2A, Ramnagar, Hyderabad. 2 Smt. K. Sugunamma W/o. Yellaiah, H.No.1-9-237, Ramnagar, Hyderabad. 3 Smt. K. Bhoolaxmi, W/o. Yellaiah R/o.H.No.1-9-237, Ramnagar, Hyderabad. 4 K. Srinivas S/o. Yellaiah R/o.H.No.1-9-237, Ramnagar, Hyderabad. ..... PETITIONERS AND 1 State Bank of Hyderabad rep., by its Branch Manager, Ramnagar, Hyderabad. 2 Union of India, Ministry of Finance, New Delhi. .....RESPONDENTS 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 a writ of mandamus or any other writ or direction declaring the Section 13 of the Securitisation and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 is illegal, arbitrary, ultra vires of the Constitution of India and consequently set aside the notice issued by the respondent-bank dated 23.1.2004 to sell the mortgaged property under Section 13[4] of the Act. For the Petitioner : Mr. P.RAJASEKHAR For the Respondent No.: Mr. .A.RAJASHEKAR REDDY (SC FOR CG) for R-2 Mr. K.V.Simhadri for R-1 The Court Made the Following : ORAL ORDER: (Per Hon’ble the Chief Justice) In view of the decision rendered by the Hon’ble Supreme Court in Transfer Case (Civil) No. 92-95 of 2002, dated 8th April, 2004 (MARDIA CHEMICALS LTD v. UNION OF INDIA AND OTHERS), challenge to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is not tenable and for that reason, the relief prayed for cannot be granted. The writ petition, therefore, is dismissed. ________________________ DEVINDER GUPTA, CJ _______________ G. ROHINI, J. To 1 The Branch Manager, State Bank of Hyderabad Ramnagar, Hyderabad. 2 Union of India, Ministry of Finance, New Delhi. 3 2 CD copies