IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 36271 of 1998 Between: 1 G. Prabhakar Rao S/o. G. Venkatakrishna Rao proprietor: G.P.R. Farms 18th Km. Stone, Turakayamjal, Hayatnagar Taluk, Ranga Reddy District. 2 G. Ravindra Nath S/o. G.Prabhakar Rao 18th Km. Stone, Turakayamjal, Hayatnagar Taluk, Ranga Reddy District. Andhra Pradesh. ..... PETITIONER(S) AND 1 Indian Bank Rep. by its Zonal Manager. New Nallakunta Branch, Hyderabad, 2 Debt Recovery Tribunal (constituted under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993), Krishi Bhavan, Hudson Circle, Nrupathunga Road, Bangalore. 3 Debts Recovery Officer, Debt Recovery Tribunal, Krishi Bhavan, Hudson Circle, Nrupathunga Road, Bangalore. .....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 any appropriate, writ, order or direction preferably a writ in the nature of Mandamus declaring the proclamation of sale dt. 25.11.98 issued under Rule 38 Rule 52(2) of the Second Schedule to the Income Tax Act, 1991 by the 3rd Respondent is illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents not to take any further steps in pursuance of the sale proclamation dt. 25.11.98 and to pass such further or other orders as this Hon'ble Court deems fit and proper. Counsel for the Petitioner:MR.P.VENUGOPAL Counsel for the Respondent No.: MR.P.R.PRASAD The Court made the following : ORDER: (Per Sri V.Eswaraiah, J) Petitioners questioned the proclamation of sale dated 25.11.1998 issued by the Debt Recovery Officer, Debt Recovery Tribunal, Bangalore, 3rd respondent herein, for sale of the schedule property by way of this writ petition, on the ground that the appellate authority is not constituted. This Court while ordering notice before admission granted interim orders subject to the condition of the petitioner depositing Rs.20,00,000/- on or before 18.1.1999. As the said order had not been complied with, the stay order was vacated by order dated 16.6.1999 in WPMP No.44745 of 1998. In view of this fact, the proclamation of sale might have been acted upon long ago and nothing may survive in this writ petition. However, it is stated that now the appellate authority has been constituted. Accordingly, the writ petition is dismissed with liberty to the petitioners to invoke the remedies available to them in law, if they are so advised, within a period of two weeks from the date of receipt of a copy of this order. No order as to costs. ________________ V.ESWARAIAH, J. _______________ SANJAY KUMAR, J. 31.3.2009 kpr