IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 18633 of 1998 BETWEEN: 1 S. Ramachandra Prasad (Died) S/o Late S. Nagaiah Residing at 5-5-299, Sarojinidevi Layout, Tirupathi Chittoor Dist. 2 S. Naga Lakshmi (Died) W/o. S. Ramachandra Prasad Residing at 5-5-299, Sarojinidevi Layout, Tirupathi Chittoor Dist. 3 S. Thrivikrama Rajesh S/o. late S. Ramachandra Prasad Residing at 5-5-299, Sarojinidevi Layout, Tirupathi Chittoor Dist. brought on record as LR of the deceased petitioners 1 & 2 as per court order dt. 18/9/02 in WPMP 1978/02. ... PETITIONERS AND 1 The Manager, State Bank of India, Settipalle Branch, Tirupathi 517506, Chittoor district. 2 The Banking Ombudsman, A.P. Reserve Bank of India, Bldgs, 5th Floor, 6-1-56, Secretariat Road, Saifabad, Hyderabad, 500 004. ...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 Writ of Mandamus, or any other appropriate Writ order or direction declaring the action of the first respondent in not paying a sum of Rs.80,000/- with interest therein at the rate applicable for the term deposits for the period commencing from 26-3-1991 till final payment to the petitioners and adjusting the said amount of Rs.80,000/- being the amount covered by four fixed deposits made by the petitioners herein in the first respondent Bank i.e. 1. TDR NO. TJ 281695 dt. 6-1-90 for Rs.10,000/- and TDR No. TJ 281719 dt. 24-2-90 for Rs.30,000/- of the Ist petitioner, 1. TDR No. TJ 281696 dt, 16-1-90 for Rs.10,000/- and TDR No. TJ 281714 dt. 9-2-90 for Rs.30,000/- of the 2nd petitioner towards the cash credit account of some third party as illegal, arbitrary and discriminatory and the further action of the 2nd respondent in rejecting the complaint Nos. 203 & 204 of 96-97 dt. 6-9-97 preferred by the petitioners herein respectively in this regard as illegal, and arbitrary and consequentially direct the first respondent to refund the said amount of Rs.80,000/- with interest thereon at the rate applicable for the term deposits for the period commencing from 26-03-91 till final payment to the petitioners and pass such other order or orders. Counsel for the Petitioners: MR.SRINIVAS DAMMALAPATI Counsel for the Respondents: MR. K. GOPALA KRISHNA MURTHY The Court made the following: ORDER: Learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition with a liberty to the petitioners to avail the remedies that are available to them. Permission is accorded. The writ petition accordingly stands dismissed as withdrawn with a liberty to the petitioners to avail the remedies that are available to them. There shall be no order as to costs. ______________ V. ESWARAIAH, J August 20, 2008 DSK