IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 5136 of 2009 Between: T.V. Suman Subba Rao S/o. Veeraiah Gupta R/o. D.No. 11-15-26, Telaprolu Vari Street Kothapet Road, Vijayawada. ..... PETITIONER AND 1 Canara Bank, Iron Centre Branch (Ratham Center) Vijayawada, Rep. by its Branch Manager. 2 The Authorised Officer Under SARFAESI Act Canara Bank, Iron Centre Branch (Ratham Center) Branch Vijayawada. 3 M/s. Iswarya Silks, Governerpet, Vijayawada, Rep. by its Managing Partner .....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 issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1 and 2 respondents in notifying to sell the petitioners property in two deferent items covered by D.No. 59/A-6/1-10 each 200 sq. yards of Patamata of Vijayawada by Tender /Auction which is worth more than Rs. 1,70,00,000/- inclusive of RCC construction in item No.1 to satisfy the claim of Just Rs. 57,51,384 rupees as illegal, arbitrary unjust, malafide, oppressive and against the principles of natural justice and consequently to direct the respondents to sell only such portion of the above property proportionate to the claim only and to leave the remaining portion of the property untouched and to pass Counsel for the Petitioner:MR.K.SARVA BHOUMA RAO Counsel for the Respondent No.: . THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.5136 of 2009 JUDGMENT:(per Hon’ble Sri Justice V.Eswaraiah) Learned counsel for the petitioner submits that the matter has been settled out of Court and, therefore, he seeks to withdraw the writ petition with liberty to the petitioner to avail appropriate remedies in future. The writ petition is dismissed as withdrawn with liberty to the petitioner to avail appropriate remedies, if any grievance arises in future. Interim stay granted on 13.03.2009 shall stand vacated. V.ESWARAIAH,J SANJAY KUMAR,J Dt:23.04.2009 usd