IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 20028 of 1998 BETWEEN: T.Ratnakar Rao S/o.T.Venkat Narsaiah, R/o.Kanapur (Village) Warangal District. ... PETITIONER AND 1 The Debts Recovery Tribunal Krishi Bhavan, Hudson Circle, Bangalore. 2 The Recovery Officer Debts Recovery Tribunal, Krishi Bhavan, Hudson Circle, Bangalore. 3 M/s Vijaya Bank rep.by its Branch Manager, Malakpet Branch, Hyderabad. ...RESPONDENTS 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 a Writ of Mandamus declaring the proceedings of the Respondent Nos.1 and 2 Dt.3/7/98 in Form No.16 and Form No.17 in O.A.48/95/DCP 76, Dt.3/12/1996 as illegal, arbitrary and contrary to provisions of Debt Recovery Tribunals Act and set aside the same and pass. Counsel for the Petitioner: MR.J.VENKATESWARA REDDY Counsel for the Respondents: MR.K.MALLIKARJUNA RAO The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) When the matter was taken up for hearing on 03.02.2009, as none appeared, it was directed to be listed under the caption ‘For Dismissal’ on 05.02.2009. Even today when the matter is taken up for hearing, none appears. 2. As the petitioner failed to question the order passed in O.A.No.48 of 1995 on the file of the Debts Recovery Tribunal, Hyderabad, either by way of filing an appeal or by way of filing a petition to set aside the ex parte order, We are of the opinion that the petitioner is not entitled to question the consequential order of attachment. If that be so, We are of the opinion that the writ petition is not maintainable. The writ petition is accordingly dismissed and the interim order granted earlier stands vacated. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J February 5, 2009 DSK