IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 3398 of 2008 Between: 1 M/s. Sri Kodhandarama Alloys Pvt limited, Veeraghattam Village, Srikakulam district, Rep by its Managing Director, B.D.R.V.V.Prasad, S/o. B.Bangaru Naidu, Aged 48 years 2 B.Bangaru Naidu, S/o. Appalaswamy Naidu, 3 BChandra Mouli Naidu, S/o. Bangaru Naidu, 4 B.Appala Swamy Naidu, S/o.Late Sanyasi Naidu 5 Smt Majji Susheela, W/o.Chakradhara Rao 6 K.Krishnamurthy, S/o.Swamy Naidu, Pedda Mangalapuram, Palakonda Mandal, Srikakulam District ..... PETITIONER(S) AND The State Bank of India, Veeraghattam Branch, Srikakulam district Rep by its Branch Manager cum Authorised Officer. .....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 appropriate Writ or order or direction mostly one which is in the nature of Writ of Mandamus declaring the Public Notice for auction in Tender No.EA/Veeraghatam/30, dated 19/1/2008 for sale of the property of the petitioner as illegal, arbitrary, contrary to the Securitisation and Reconstruction of Financial Assests and Enforcement of the Securities Interest Act, 2002, unjustified and unsustainable and set aside the same directing the respondents to permit the petitioners to sell the agricultural lands mortgaged under Equitable Mortgage of the respondents and to pay the outstanding loan amount and pass such other order or orders as it may deem fit. Counsel for the Petitioner: MR.P.VEERA REDDY Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.3398 OF 2008 ORDER: (Per V.Eswaraiah, J.) Learned counsel for the petitioners submits that questioning the notice issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of the Security Interest Act, 2002, writ petitioners filed W.P.Nos.22518 and 25895 of 2008 and, therefore, the petitioners seek to withdraw the present writ petition. The writ petition is, accordingly, dismissed as withdrawn. No order as to costs. The interim order granted earlier stands vacated. ________________ V.ESWARAIAH, J. ______________________ VILAS V. AFZULPURKAR, J. 12.3.2009 kpr