IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMAMOHANA RAO WRIT PETITION NO : 4501 of 2008 Between: Achanta Tribikrama Rao, S/o.Gopalakrishna, Hindu, R/o.D.No.2-243, Lakshmi Nagar, II-Street, Kateru, Rajahmundry Rural, E.G.Dist. ..... PETITIONER AND 1. Authorised Officer, State Bank of India, A.P.Paper Mill Branch, Rajahmundry, E.G.Dist., 2 . Acharla Venkateswara Rao S/o.Surya Rao, Hindu, R/o.D.No.23-16-42,Lalitha Nagar, Street No.5, Rajahmundry, E.G.Dist., 3. Acharla Syamala, W/o.Acharla Venkateswara Rao, Hindu, R/o.D.No.23-16-42,Lalitha Nagar, Street No.5, Rajahmundry, E.G.Dist. .....RESPONDENTS 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 action of the respondent No.1 in proposing to take physical possession of upstair portion of building bearing No.4-243, Plot No.61,62Part, R.S.No.114/3, Santhi Nagar, Street No.2, Kateru, Rajahmundry Rural, E.G.District as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India and the provisions of the Securitisation & Reconstruction of Financial Assests & Enforcement of Security Interests Act, 2002 and consequently restrain the respondent No.1 from taking physical possession of upstair portion of building bearing No.4-243,Plot No.61 ,62 part, R.S.No.114/3, Snathi Nagar, Street No.,2, Kateru, Rajahmundry Rural, E.G. Dist. Counsel for the Petitioner:MR. N.VIJAY Counsel for the Respondent No.: . The Court made the following : ORAL ORDER: This writ petition has been instituted seeking a declaration that the action of the 1st respondent – Authorized Officer of the State Bank of India, A.P. Paper Mill Branch, Rajahmundry, East Godavari District, proposing to take possession of the building bearing D.No.4-243, Plot No.61, 62 part, R.S.No.114/3, Santhi Nagar, Streed No.2 Kateru, Rajahmundry Rural, including it’s upstair portion as illegal. The case of the petitioner is that he is a tenant of the upstair portion of the abovementioned building. Respondents 2 and 3 are the landlords of the said building. They appeared to have burrowed certain monies from the 1st respondent bank mortgaging the building in question. The 1st respondent bank took recourse to Section 13 of the A.P. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (henceforth referred to as ‘the Act’). It has published the demand notice in terms of Subsection (2) of Section 13 of the Act on 10-07-2007 followed up by steps to recover vacant possession of the building including upstair portion, where the petitioner alleges to be a tenant. Though the learned counsel for the petitioner Sri N.Vijay has raised several contentions including the contention that a tenant of an immovable property, in particular, a residential house, could not have been evicted by a bank without following the due process of law, where certain rights of the tenants have been recognized, but nonetheless, when his attention is drawn to Section 17 of the Act, he would agree that even a tenant like the writ petitioner would answer the description of “any person” mentioned in Section 17 of the Act. Consequently, he becomes an aggrieved person by the measures taken up by the secured creditor or his authorized officer under Section 13(4) of the Act and may make an application to the Debts Recovery Tribunal questioning the correctness of the measures taken. Since, this is an effective alternative remedy and thereafter, an appeal is also having been provided under Section 18 of the Act, without exhausting the same, the petitioner could not have approached straight away this Court. In these set of circumstances, the 1st respondent bank shall not seek to evict the petitioner from the upstair portion of the building bearing D.No.4-243, Plot No.61, 62 part, R.S.No.114/3, Santhi Nagar, Streed No.2 Kateru, Rajahmundry Rural, for a period of two months from now, so as to enable the petitioner to approach the Debts Recovery Tribunal, having jurisdiction over it. With this, the writ petition stands disposed of at the admission stage. -------------------------------- Nooty Ramamohana Rao, J mrk 4th March 2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}