THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR W.P.No.32430 OF 2010 ORDER: (per GHULAM MOHAMMED,J) This writ petition is filed to declare the impugned Tender-cum- Auction notification dated 24.11.2010 issued by the second respondent pertaining to the property i.e., house bearing No.49, HIG, Phase-III at A.P. State Housing Board Colony, Jagityal Dharoor Camp, Karimnagar as illegal and arbitrary and consequently to set aside the same in the interest of justice. It is the case of the petitioners that one Mr.Viswanathula Raju approached the petitioners and requested to provide Rs.12,00,000/- as loan and agreed to mortgage the above said property. The petitioners have verified the title of the property belonging to the said person and having satisfied with the title and since there are no other encumbrances over the said property, the petitioners have provided a loan of Rs.12,00,000/- and the said Viswanathula Raju executed a mortgage deed and the same was registered with the sub-registrar, Jagityal vide Doc.No.2567/10 dated 03.05.2010 in favour of the petitioners. While the matter stood thus, the second respondent-bank has issued impugned Tender-cum-Auction Notice dated 24.11.2010, wherein the above property was shown as mortgaged property and calling the general public to participate in the proposed auction to be conducted on 27.12.2010 at 3.00 p.m. It appears, that the very same property, which was mortgaged with the petitioners is mortgaged with the second respondent-bank and accordingly, the second respondent- bank has initiated the recovery proceedings against the said property under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (for short “the Act”). Having regard to the facts and circumstances of the case, we are not going into these questions as much as there is no privity of contract between the petitioners and the Bank and the property which was put to auction was already mortgaged with the Bank. When once the property is already mortgaged with the Bank, the petitioners becomes subsequent mortgagees. If the petitioners have got any right or interest over the property they have to file an appeal under Section 17 of the Act. In the circumstances, we decline to entertain this writ petition. The writ petition fails and accordingly, it is dismissed. No costs. GHULAM MOHAMMED,J N.RAVI SHANKAR,J Dated:27.12.2010 lvl THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR W.P.No.32430 OF 2010 (GHULAM MOHAMMED,J) Dt. 27.12.2010