IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH 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 : 25170 of 2007 Between: Smt. Durgaben, W/o Shivalal Patel, R/o.H.No. 3-4-214, 1st Floor, Lingampally X Road, Kachiguda, Station Road, Hyderabad. ..... PETITIONER AND 1 Bank of India Rep by Authorized Officer/ Chief Manager, Asset Recovery Branch, P.T.I. Building, Near Mahaveer Hospital, Masab Tank, Hyderabad. 2 M/s. M.J. Patel and Co., Rep by its Partner Sri Vinod Kumar Patel & Mr.Jagdish Kumar Patel, R/o. 9-7/A, Kothapeta, Saroornagar - 500 035. 3 Mr. Vinod Kumar Patel, Partner, H.No. 9-7/A, Kothapeta, Saroornagar, Hyderabad - 500 035. 4 Mr. Jagdish Kumar, Patel Partner, r/o. 9-7/A, Kothapeta, Saroornagar, Hyderabad - 500 035. 5 Sri Manjijetha Patel, Kothapeta, Saroornagar, Hyderabad - 500 035. 6 Mr. Gangadas Patel, H.No. 5-5-688/A/3, Gosha Mahal, Hyderabad - 500 012. 7 Mr. Harji Patel, H.No. 4-28/A, Vikas Nagar, Hyderabad - 500 012. 8 Mr. Harji Patel, H.No. 4-28/A, Vikas Nagar, Hyderabad - 500 012. 9 Mr. Jivraj Patel, H.No. 9-7/A, Lakshminagar Colony, Kothapet, Saroornagar, Hyderabad - 500 035. 10 Mr. Vasantlal Patel, H.No. 5-5-1040, Gosha Mahal, Hyderabad- 500 012 11 Mr.Leeladhar Patel, H.No. 5-5-1040, Gosha Mahal, Hyderabad- 500 012 .....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 order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No. 1 blank, vide its notice dt. 17-9-2007, under section 13(3) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Act, 2002, in respect of Property No. 4 in the said notice, which is the property of the petitioner, as arbitrary, illegal and not sustainable in law; b) to issue an order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No. 1 blank, vide its notice dt. 3-10- 2007, rejecting the representation/objection of the petitioner dt. 26-9-2007 under section 13(3) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Act, 2002, in respect of Property No. 4 in the said notice, which is the property of the petitioner, as arbitrary, illegal and not sustainable in law; c) and pass Counsel for the Petitioner: MR.NARAYAN LAXMAN RAO Counsel for the Respondent No.: SMT.T.VIDYA RANI The Court made the following : order : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP No.25170 OF 2007 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed, J ) This matter has been adjourned from time to time and on 2-7-2009 as none appeared for the petitioner and as there was no representation, the matter was directed to be listed under the caption “for dismissal”. Even today, when the matter is taken for hearing, there is no representation. In the circumstances, the writ petition is dismissed for non-prosecution. No order as to costs. ____________________ Ghulam Mohammed, J ____________________ Vilas V. Afzulpurkar, J Dated: 6-7-2009 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies