IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 23943 of 2006 Between: Carewood concept School, a unit of Anaga Educational Society (Registered 134/2005) repby Director, Smt. B.K.V.V.V. Satyaveni Plot No. 388, 389, and 390 Anjaney Survey Nos. 11011/5, 6,7A 8,9,11, Irrigation Employees" Cooperative Society, kukatpally, Hyderabad-18 ..... PETITIONER AND 1 The Branch Manager Authorised Officer, Syndicate Banl Pattargatti Branch, Pattargatti, Hyderabad. 2 The Branch Manager, Authorised Officer, Syndicate Bank Borabanda Branch Borabanda, Hyderabad. .....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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Bank in trying to dispossess the petitioner/Tenants from Flat Nos. G-1 201 and 202 situated at Anjaneya Nagar, Survey Nos. 1011/5,6,7A 8,9 and 11 Irrigation Employees' Cooperative Society Kukatpally, Hyderabad and illegal sale of the property vide its paper Notification dated 10-11-2006 published inthe News Paper"The Hindu" dated 11-11-2006 as illegal, arbitrary and violative of Petitioner's fundamental rights guaranteed under Articles 14,19 & 21 of Constitution of India in the interest of Justice and pass such otherand further order or orders as this Hon'ble Court deems fit and proper under the circumstances of the case. Counsel for the Petitioner:MR.MILIND G GOKHALE Counsel for the Respondent No.: MR.A.KRISHNAM RAJU The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed seeking Writ of Mandamus declaring the action of the respondent-Bank in trying to dispossess the petitioner-tenant from Flat Nos. G-1, 201 and 202 situated at Anjaneya Nagar, Survey Nos. 1011/5, 6,7A, 8 and 9 and 11, Irrigation Employees’ Cooperative Society Kukatpally, Hyderabad, as illegal and arbitrary. This Writ Petition is misconceived inasmuch as the Writ Petition is filed by the tenant who has no right or authority. Respondent-Bank has taken action against the borrower under SRFAESI Act, 2002 (Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002) and apart from that, the borrower has given the premises on rent to the tenant. Therefore, the tenant has no legal right or authority under the Act to pursue the matter. In view of the above, we see no reasons to entertain the Writ Petition under Article 226 of the Constitution and accordingly the same is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR,J Dt. 18.06.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD Copies