IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 3681 of 2008 Between: D.Linga Reddy S/o.late Ram Reddy R/o.16-2-754/A/23/1, Asmangadh, Hyderabad. ..... PETITIONER AND 1 State Bank of Patiala, Abid Road Branch, Hyderabad, rep. by its authorized Officer. 2 State Bank of Patiala, Abid Road Branch, Pullareddy Buildings, Abids, Hyderabad, Rep. by its Manager. 3 SBI Life Insurance Corportion Ltd., Hyderabad Branch, Rep. by its Branch Manager. .....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 writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in taking steps to dispossess the petitioner from the residential house bearing Flat No.406 in Swathi Rukmani Towers in Plot No. 30 & 31 in Sy.No. 141, Kamalanagar, Gaddiannaram, Dilsukhnagar, Hyderabad pursuant to the notice dated 8.10.2007 issued under 13 (2) of Securitization and reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 without considering the objections of the petitioner as illegal, arbitrary and violative of fundamental rights guaranteed under the Constitution of India and also contrary to the provisions of the said Act consequently directing the respondents to drop further proceedings including dispossession of the petitioner from the said residential house and pass orders and pass any other order or orders. Counsel for the Petitioner: MR.T.V.S.PRABHAKARA RAO Counsel for the Respondents : MR.T.SANDHYASREE The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No. 3681 of 2008 ORDER: (Hon’ble Sri Justice Ghulam Mohammed) 1. This writ petition is filed challenging the action of respondent-bank in taking steps to dispossesses the petitioner from the residential house situated at Gaddiannaram, Dilsuknagar, Hyderabad pursuant to notice dated 8.10.2007 under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the Act”). 2. According to the petitioner, his wife had availed of home loan from respondents 1 and 2 for purchasing a flat and the said loan was insured with 3rd respondent. His wife expired on 1.9.2006 and therefore, the petitioner claimed insurance amount and requested the respondents-bank to close the home loan account. The respondent-bank refused to close the account by notice dated 4.10.2007, which led the petitioner to file a case under Section 12 of the Consumer Disputes Act before the Consumer Forum, Hyderabad for claiming the insurance to reimburse the home loan. It is alleged that the respondent-bank issued a notice under Section 13 (2) of the Act on 8.10.2007 and they were taking steps to dispossess the petitioner from the flat and take possession without passing an order under Section 13 (4) of the Act. 3. On the face of the allegations of the petitioner, no order was passed by the respondent-bank under Section 13 (4) of the Act and as such there was no cause of action for the petitioner to file this writ petition. Only notice under Section 13 (2) of the Act was issued by the respondent-bank and the petitioner also replied to the said notice, on 29.10.2007. If the respondent-bank passed any order under Section 13 (4) of the Act, it is open to the petitioner to challenge the same in accordance with law. 4. In this view of the matter, this writ petition is premature and not maintainable and it is accordingly dismissed. No order as to costs. _____________________________ JUSTICE GHULAM MOHAMMED ________________________________ JUSTICE VILAS V. AFZULPURKAR Dt. 9.7.2009 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KURR}