IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 9399 of 2009 BETWEEN: Gundala Heralad Philip, S/o. Samuel Harbert, H.No.26/129A, R/o. Genanappuram, Nandyal, Kurnool District. ... PETITIONER AND 1 The State Bank of India, Bazar Branch, Nandyal Town, Kurnool District. Rep by its Branch Manager-cum-Authorized officer, 2 Siddi Vinayaka Rice Mill, Rep by its Proprieotr N V. Kishore, S/o. N. Mallaiah, aged 32, Door No.9/180 A, Velpanore Road, Vegodu Village, Mandal, Kurnool 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 may be pleased to issue appropriate Writ or order or direction mostly one which is in the nature of Writ of Mandamus declaring the action of the 1st respondent in Proceeding against the property admeasuring 50 cents in survey No.351 of Nenuepalli Village, Nandyal town, Kurnool District belonging to the Petitioner for the outstanding loan amount of the Respondents No.2 as illegal, irregular, arbitrary unconstitutional, unjustified and unsustainable and pass such other order or orders. Counsel for the Petitioner: MR.P.VEERA REDDY Counsel for the Respondents: MR.M.NARENDER REDDY The Court made the following: ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) Learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with a liberty to the petitioner to avail the alternative remedy of appeal under Section 17 of the Securitization and Enforcement of Financial Assets and Enforcement of Security Interest Act, 2002. Permission is accorded. The writ petition accordingly stands dismissed as withdrawn with a liberty to the petitioner to avail the alternative remedy of appeal. There shall be no order as to costs. ___________________ GHULAM MOHAMMED, J _____________________ VILAS V. AFZULPURKAR, J June 30, 2009 DSK