IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.16160 of 2004 Between: 1 Inti Anantha Venkata Lakshmi, W/o. Late Satyanarayana, R/o. H.No.45, D.No. 2-43-12, Bhaskarnagar, 50 Buildings, Kakinada, E.G. District. 2 Inti Ram Mohana Rao, W/o. Late Satyanarayana, R/o. H.No.45, D.No. 2-43-12, Bhaskarnagar, 50 Buildings, Kakinada, E.G. District. 3 I.A.V. Suryanrayana Murthy, W/o. Late Satyanarayana, R/o. H.No.45, D.No. 2-43-12, Bhaskarnagar, 50 Buildings, Kakinada, E.G. District. ..... PETITIONERS AND 1 The Chief Manager, Bank of India, Zonal Office, Main Road, Visakhapatnam-2. 2 The Manager, Bank of India, D.No. 27-4-4, Temple Street, Kakinada-533 001, East Godavari District. .....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 the action of the respondent in issuing Notice dated 18- 06-2004 and consequential notice dated 03-09-2004 of the 2nd respondent in respect of H.No.2-43-12, situated in Bhaskar Nagar, Kakinada Municipality as illegal, arbitrary, and violative of Articles 14 and 300A of the Constitution of India. Counsel for the Petitioner :Mr. M.VIJAYA KUMAR Counsel for the Respondents : Mr. S.SURYA PRAKASA RAO The Court at the admission stage made the following : ORDER: (Per Hon’ble the Chief Justice) As against the action, which has been initiated or sought to be initiated by respondents in getting the property sold over which the petitioners claim title, remedy of the petitioners would be to take out appropriate proceedings in accordance with law before the Forum having jurisdiction. Filing of the writ petition is not the appropriate remedy. With leave and liberty reserved to petitioners to take out appropriate proceedings before the Forum having jurisdiction, the writ petition is dismissed. ________________________ DEVINDER GUPTA, C.J. ________________ C.V.RAMULU, J 15-09-2004 bsc To 1 The Chief Manager, Bank of India, Zonal Office, Main Road, Visakhapatnam-2. 2 The Manager, Bank of India, D.No. 27-4-4, Temple Street, Kakinada-533 001, East Godavari District. 3. 2CD copies