IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH 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 : 12300 of 2007 Between: 1 M/s. Fidelity Systems, (a Partnership Concern) office at 3-34-126, (Plot No.246) Mahendra Hills,East Maredpally, Trimurthy Weaker Section Co.Op Housing Society Secunderabad-500027 Rep.by its Partner Mr.C.V.Ramana. 2 Mrs. K.Mahalakshmi, W/o.Mr.C.Venkata Ramana, House No.3-34-126(Plot No.246), Mahendra Hills,East Maredpally,Trimurthy Weaker Section Co.Op.Housing Society, Secunderabad-500027. 3 Mr.C.Venkata Ramana, S/o.Sri Late C.Neelakantha Sastry, House No.3-34-126(Plot No.246), Mahendra Hills,East Maredpally,Trimurthy Weaker Section Co.Op.Housing Society, Secunderabad-500027. 4 Smt.Sarojoni, W/o.Late C.Neelakantha Sastry, House No.3-34-126(Plot No.246), Mahendra Hills,East Maredpally,Trimurthy Weaker Section Co.Op.Housing Society, Secunderabad-500027. .... PETITIONER(S) AND State Bank Of India, Rep.by its Asst.G.M, Nacharam Industrial Area, Nacharam, Hyderabad-500076. .....RESPONDENT 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 a writ,order or direction more particularly one in the nature of writ of Mandamus,declaring that the proceedings of the respondent Bank Pursuant to the Notice dt.17-02-2007, issued under Section 13(2) of the Securitisation Act and Reply dt.25-05-2007 issued by the Respondent Bank to the objections raised by the petitioners vide letter dt.19-04-2007, under the illegal, arbitrary,unconstitutional and violation of principles of natural justice and pass such other orders. Counsel for the Petitioner:MR.M.NAGA RAGHU Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : ORDER : (Per Sri Justice GHULAM MOHAMMED) The issue involved in this Writ Petition has already been adjudicated by a learned Single Judge of this Court in Writ Petition No. 8096 of 2007, wherein the said Writ Petition was dismissed directing the petitioners to avail alternative remedy by way of an appeal to the Debts Recovery Tribunal under Section 17 of the SRFAESI Act (Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002). When once this Court has already dismissed the Writ Petition No. 8096 of 2007, entertaining the present Writ Petition seeking for the very same relief does not arise. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR , J Dt. 08.06.2009 KA // TRUE COPY // ..... REGISTRAR SECTION OFFICER To 1) 2 CD copies