IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31868 of 1997 Between: Smt. S.Kamala , W/o. Dr.S.S.R.L.Swamy, R/o. 86, Srinagar Colony, Hyderabad. ..... PETITIONER AND 1 The Union of India , Rep.by it's Finance Secretary,Central Secretariat, New Delhi. 2 State Bank of Hyderabad, Industrial Estate Branch, Sanathnagar Branch, Hyderabad. 3 Chairman ,Debts Revovery Tribunal, Krishi Bhavan, Nrupathunga Road, Bangalore - 560 002. .....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 may be pleased to issue an order or direction or a writ more particularly in the nature of Writ of Mandamus, declaring that act No.51/1993 is unconstitutional, violative to the principles of natural justice and violative of Art,14,129,21,300&246(3) of the Constitution of India and consequently to cancel all the proceedings filed by the second Respondent Bank herein before the 3rd respondent Tribunal file in O.A.No.1153/1997 , and pass such other order or orders as this Hon'ble Court may be deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.SATYANARAYANA RAO ADIRAJU Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31868 of 1997 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed questioning the provisions of Debt Recovery Act No.51 of 1993. It is not in dispute that the constitutional validity of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, was upheld by the Apex Court in UNION OF INDIA AND ANOTHER Vs. DELHI HIGH COURT BAR ASSOCIATION AND OTHERS[1]. The subject matter of this writ petition is squarely covered by the said decision. Therefore, we are of the opinion that the petitioner is not entitled for any relief. Accordingly, the writ petition is dismissed. The interim order granted on 01-12-1997 stands vacated. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 27-01-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{PRASAD} [1] (2002) 4 Supreme Court Cases 275