IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 20734 of 2002 Between: K. Srinivasa Rao Singavaram Village, Denduluru Mandal, West Godavari District. ..... PETITIONER AND 1 State Bank of India, Rep. by its Branch Manager Bhimadole Branch, Bhimadole, West Godavar District. 2 Debts Recovery Tribunal, Rep. by its Registrar Visakhapatnam. .....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 to issue any appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Public Auction scheduled to be held on 19-10-2002, by the Advocate/Receiver appointed by the second Respondent in O.A.No. 287 of 2000 (new No. 909 of 2002) on the file of Debts Recovery Tribunal, Andhra Pradesh at Visakhapatnam) as notified in his Auction Sale Notice published in Eenadu Telugu Daily on 12-10-2002 in Hyderabad edition, for sale of movable properties of my Dairy unit viz., M/s Hitech Dairy, situated at Seetammapeta Sivaru Singavaram Village, Denduluru Mandal, West Godavari District and the said Public auction adn transfer of OA 287/2000 on the file of DRT, Hyderabad to DRT, Visakhapatnam as its renumbering as OA 909 of 2002 without notice to the petitioner as illegal, violative of principles of nautral justice and contrary to law laid down by the Division Bench of this Hon'ble court reported in 2001 (5) ALD page 89 adn 2002 (2) ALD 632 (DB) and set-aside the same and pass Counsel for the Petitioner:MR.K.V.SIMHADRI Counsel for the Respondent No.: MR.E.MADAN MOHAN RAO THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 20734 of 2002 ORDER:(per Hon’ble Sri Justice V.Eswaraiah) Sri K.V.Simhadri, learned counsel for the petitioner, submits that he has no instructions to appear in the matter. However, learned standing counsel appearing for the respondents submitted that as the interim order of this Court dated 17.10.2002 to deposit Rs.30,00,000/- within four weeks to stay the confirmation of sale, was not complied with, the interim order was vacated on 28.11.2002 and subsequently, auction was held and questioning the same, another writ petition was filed, which was also dismissed. Hence, the petitioner is not entitled to any relief as sought for in this writ petition and the same is accordingly dismissed. V.ESWARAIAH,J SANJAY KUMAR,J Dt:23.04.2009 usd