IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.583 of 2009 Between: 1 M/s. Jaya Bullion, rep. by its Partner P. Lingadas, S/o. Late P. Laxmaiah R/o. H.No.12-11-171/1/9&9A, Flat No.301, Manasa Residency Uppar Basthi, Namalagundu, Secunderabad. 2 P. Lingadas, S/o. Late P. Laxmaiah R/o. H.No.12-11-171/1/9&9A, Flat No.301, Manasa Residency Uppar Basthi, Namalagundu, Secunderabad. ..... PETITIONER(S) AND M/s. Punjab & Sind Bank, rep. by its Authorized officer, 1st Floor, Panchasheel Tower M.G. Road, Secunderabad-3. .....RESPONDENT 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 or any other appropriate writ, order or direction declaring the action of the respondent Bank in issuing Auction Notification dt. 11.12.2008 under SARFAESI Act 2002, for conducting public auction on 19.1.2009 in relation to Flat Nos.102 & 204, MNR Swamy Apartments, Behind Brahmana Basti, Namalagundu, Secunderabad belonging to the 2nd petitioner, as illegal, arbitrary and without jurisdiction and set aside the same. Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondent No.: . The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.583 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The writ petition has been filed questioning the proposed sale in respect of Flat Nos.102 and 204 of MNR Swamy Apartments, Behind Brahmana Basti, Namalgundu, Secunderabad. It is stated that Flat No.102 was already sold and insofar as Flat No.204 is concerned, the same could not be sold, as there was no bidder. The learned counsel for the petitioner submits that the petitioner has expressed no objection for confirmation of sale in respect of Flat No.102. In that view of the matter, we are of the opinion that nothing survives in the writ petition. Accordingly, the writ petition is dismissed with liberty to the petitioner to make an application before the Bank concerned for one time settlement so as to enable him to retain Flat No.204 by settling the amount payable to the Bank. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 04-03-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{MSN}