IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22431 of 2008 Between: 1 Chanumolu Varun Kumar (Hindu) S/o. Late Venkateswara Rao M/s. SSK Eng. Medium High School, Dwarakamayi Nagar, Mylavaram, Krishna Dist. 2 Chanumolu Bharat Kumar (Hindu) S/o. Late Venkateswara Rao M/s. SSK Eng. Medium High School, Dwarakamayi Nagar, Mylavaram, Krishna Dist. ..... PETITIONERS AND Indian Overseas Bank Rep. by its Authorized Officer Management Branch, Central Office, Annexe Bldg., I Floor, 763, Anna Salai, Chennai - 600 002. .....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 or Order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Bank in proceeding under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the Property of the Petitioners Viz Ac.0-90 cents from out of Ac.1-65 cents of land and buildings thereon situated at Dwarakamayi Nagar, Mylavaram, Krishna Dist. in which SSK (EM) High School is located as illegal, arbitrary, high handed and violative of principles of natural justice and also Article 300-A of the Constitution of India, the Provisions of the said Act and consequentially to set aside all the said Proceedings including the Auction Sale Notice dated 09-09- 2008 proposing to sell the property on dt.20-10-2008. Counsel for the Petitioner: MRS.CH.LAXMI CHAYA Counsel for the Respondent No.: . The Court made the following : O R D E R: Learned counsel appearing for the petitioners seeks permission to withdraw the writ petition reserving liberty to the petitioners to work out the remedies in civil Court with regard to partition of the property. Permission as sought for is accorded. Accordingly, the writ petition is dismissed as withdrawn at the admission stage. No costs. _____________________ B.SESHASAYANA REDDY, J. Date:16th October, 2008. Note: Issue C.C. by tomorrow. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}