IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO. 10091 of 2009 Between: 1 M/s. M.J. Patel & Company, Timber Merchants, 9-7/A, Kothapet, Saroornagar HYDERABAD - 500 035, Rep. by its Authorized Signatory and Agent Sri Vinod Patel. 2 M/s. Sharda Timber Depot & Saw Mill Rep. byit Proprietor Sri Manji Jetha Patel, S/o. Sri Jethabhai Patel, Aged Major 5-5-1040, Goshamahal, HYDERABAD - 500 035. 3 M/s. Sree Sharda Timber Depot Rep. byit Proprietor Sri Gangadas Patel, S/o. Sri Jethabhai Patel, Aged Major 5-5-1040, Goshamahal, HYDERABAD - 500 035. 4 M/s. Sree Laxmi & Co. Rep. byit Proprietor Sri Ramji Patel, S/o. Sri Jethabhai Patel, Aged Major 5-5-1040, Goshamahal, HYDERABAD - 500 035. ..... PETITIONER(S) AND 1 Bank of India, A Body Corporate Constituted Under the Banking Companies (Acquisition & and Transfer of Under C-5, G- Block Bandrkurla Complex, Bandraa (East), Mumbai Having one of its branches at Asst. Recovery Branch, Hyderabad Rep. by its Chief Manager/ Authorized Officer. 2 The Zonal Manager, Bank of India, PTI Buildings, A.C. Guards, HYDERABAD - 500 004. 3 Bank of India, Assts Recovery Branch, PTI Buildings, A.C. Guards, HYDERABAD - 500 004. Rep. by its Sr. Branch Manager. .....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 to issue an appropriate Writ more in the nature of Writ of mandamus declaring the action of the Respondents in seeking to take possession of the property in Survey No. 9/1/A admeasuring Ac. 0-24 Guntas situated at Saroorngar-Vill & Mandal, Ranga Reddy District along with existing building of the Petitioners and conduct auction in pursuance of the notices dated 3-3-2009 and 9-5-2009, while initially accepting for the figure of Rs. 236 Lakhs towards one time settlement for the outstanding loan amount due to the Bank and receiving Rs. 153 Lakhs as token money and without intimating the figure acceptable to them, as being arbitrary, illegal and violative of Articles 14, 19 (1)(g) 21 and 300-A of the Constitution of India and consequently direct the Respondents not to take possession of the property in survey No. 9/1/A admeasuring Ac. 0-24 Guntas situated at Saroornagar Village and Mandal, Ranga Reddy District along withy existing building of the Petitioners and conduct auction without taking final decision on the amount to be paid as one time settlement for the outstanding loan amount of the Petitioners, and issue such other writ or order or direction as deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.CH.SAMSON BABU Counsel for the Respondent No.: . THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.10091 of 2009 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) Since none appeared for the petitioner on 09.07.2009, the matter was directed to be listed on 13.07.2009 under the caption ‘for dismissal’. Today, though the matter is listed under the caption ‘for dismissal’, neither the counsel for the petitioner is present nor is there any representation on his behalf. Hence the writ petition is dismissed for non-prosecution. __________________________ GHULAM MOHAMMED,J __________________________ VILAS V. AFZULPURKAR,J Dt:13.07.2009 usd