IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH 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 : 24696 of 2008 Between: Gamini Ramachandra Murthy S/o.Venkata Ratnam R/o.D.No.7-2-52, 24th Ward, Rusthumbada, Narsapur, West Godavari District. ..... PETITIONER AND 1 The Chief Manager-cum-Authorized Officer, Andhra Bank Zonal Office, Eluru, West Godavari District. 2 The Andhra Bank, rep. by its Manager, Main Branch, Narasapur, West Godavari District. 3 P.Vana Mohan Rao Durga Centre, D.No. 11-1-26/A, Narasapur, West Godavari District. .....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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 and 2 in conducting the public auction to be held on 14.11.2008 to sell the schedule House property bearing D.No.11-1-26-A consisting of Ac.81 sq. yards and an extent of 32.4 1/2 sq. yards belonging to the petitioner situated in Darga center, Narsapur, West Godavari District under the sale notice dated 13-10- 2008 issued by the respondents 1 and 2 through their proceedings Lr.No.674/11/662-SIA-112 for recovery of alleged loan amount from the 3rd respondent is as illegal, arbitrary, and contrary to the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and violation of Article 14 and 21 of Constitution of India and consequently direct the respondents not to sell the schedule House property bearing D.No.11-1-26-A consisting of Ac.81 sq. yards as Item No.1 and an extent of 32.4 1/2 sq. yards as Item No.2 as mentioned in the sale notice dated 13.10.2008 situated in Darga center, Narsapur, West Godavari District by setting aside the sale notice dated 13.10.2008 issued through their proceedings Lr.No.674/11/662-SIA-112, and pass such other or further orders. Counsel for the Petitioner: MR.S.LAKSHMINARAYANA REDDY Counsel for the Respondent No.: DR.K.LAKSHMI NARASIMHA (SC FOR ANDHRA BANK) 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 respondents 1 and 2 in conducting the public auction on 14.11.2008 to sell the schedule House property bearing D.No. 11-1-26-A in an extent of 81 sq. yards and also an extent of 32.4½ sq. yards belonging to the petitioner situated in Darga Center Narsapur, West Godavari District under the sale notice dated 13.10.2008 issued by respondents 1 and 2 for recovering the loan amount of Rs. 1,25,000/- obtained from the second respondent-Bank by the third respondent for which the petitioner stood as guarantor, as illegal and arbitrary. This Court on 17.11.2008 made the following order: “Learned counsel appearing for the petitioner seeks direction to the respondents to withdraw the proclamation of sale in the event of the petitioner paying entire amount due to the respondents. In response, the learned Standing Counsel submits that the respondents-Bank will not proceed with the sale in case the petitioner pays the entire amount on or before 11 a.m of 14.11.2008”. When the matter is called learned counsel for the petitioner submitted that on 14.11.2008 itself, the entire amount was discharged by the loanee, and therefore, no further orders are required in this Writ Petition. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR, J Dt. 26.06.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies