THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No. 4815 of 2010 Dated: 3-3-2010 Between: Deepali Bidarkar …Petitioner and State Bank of India, Stressed Asset Resolution Centre, Nampally, Hyderabad …Respondent ORAL ORDER: (Per Hon’ble Sri Justice Goda Raghuram) Heard Sri Srinivas Choudary, learned counsel for the petitioner. Possession notice dated 25-1-2010 issued under Rule 8(1)(2) of the Security Interest (Enforcement) Rules, 2002 issued under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’), by the respondent-Bank and published in a Telugu Daily Newspaper dated 26-1-2010, is assailed in this writ petition. The notice as well as the paper notification pertains to an extent of un-divided land of an area of 71 Sq. yards in property bearing H.No. 5-431 (ground floor) on Plot No. 431, Block No. 5 Sri Ramachandra Nayak Nagar, Jeedimetla, Quthbullapur Mandal, Ranga Reddy District asserted to belong to one V.Naresh Kumar under a registered document dated 21-2-2002. The petitioner claims to be the owner of the property, having purchased the same under a registered sale deed dated 13-5-2004 from one Dayakar Rao who in turn is said to trace title to original owner Govind Naik and others. As and when proceedings are initiated under Section 13 (4) of the Act by the respondent-Bank for possession of the property, the petitioner has, as an aggrieved person, an appellate remedy under Section 17 of the Act before the Debts Recovery Tribunal having jurisdiction in respect of the secured asset. On the aforesaid premise and as the petitioner has an affective and alternative remedy when proceedings under Section 13 (4) of the Act are initiated, this Court is not inclined to consider the grievance urged at this stage. The writ petition is accordingly dismissed at the stage of admission. No costs. The petitioner is at liberty to pursue the appellate remedy under Section 17 of the Act as and when proceedings under Section 13 (4) of the Act are initiated. _________________________ GODA RAGHURAM, J _________________________ NOUSHAD ALI, J 3rd March, 2010. Note: Issue copy in three days. /B.O/ GRR