IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 3178 of 2009 Between: 1. M/s.Sridevi Ravva Mills, Proprietary concern rep.by its Proprietor Mekala Chinnaiah, S/o.Meeraiah, Mekalavarithota, Allipuram Nellore Rural Mandal, Nellore District 2 Mekal Chinnaiah S/o.Meeraiah Mekalavarithita,Allipuram Nellore Rural Mandal, Nellore District 3 M/s.New Meena & Co., rep.by its Proprietor Mekala Krishna Priya,W/o.Late Sanjay Babu, Mekalavarithota,Allipuram, Nellore Rural Mandal Nellore District 4 Mekala Krishna Priya W/o.Late Sanjay Babu Mekalavarithota,Allipuram, Nellore Rural Mandal Nellore District ..... PETITIONERS AND 1. The Presiding Officer, Debts Recovery Tribunal, 3rd Floor, Isnar Khazana Towers, 2nd Lane, Dwaraka Nagar, Visakhapatnam 2 The Recovery Officer, Debts Recovery Tribunal, 3rd Floor, Isnar Khazana Towers, 2nd Lane, Dwaraka Nagar, Visakhapatnam 3 State Bank of India., rep.by its Chief Manager, Fatheh Khan Pet Branch, Ramesh Reddy Nagar, Nellore .....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 an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the inaction of the part of the 1st respondent in not staying the sale of the schedule property as illegal, and arbitrary, and consequently direct him to pass orders for the stay of all further proceedings in RP.No.11 of 2007 in O.A.No.177 of 2003 including the sale of the attached property by the 3rd respondent/bank; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SRI K. VISHNU KUMAR REDDY, Advocate for the Petitioners and of Sri Deepak Bhattacharjee, S.C.for SBI for the respondent No. 3 the Court made the following: ORDER: Post on 24-02-2009 so as to enable Mr. Deepak Bhattacharjee, learned counsel for the respondents to file counter or to get instructions. Meanwhile, as sale to be held shall not be confirmed. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Presiding Officer, Debts Recovery Tribunal, 3rd Floor, Isnar Khazana Towers, 2nd Lane, Dwaraka Nagar, Visakhapatnam 2 The Recovery Officer, Debts Recovery Tribunal, 3rd Floor, Isnar Khazana Towers, 2nd Lane, Dwaraka Nagar, Visakhapatnam 3 The Chief Manager, State Bank of India., Fatheh Khan Pet Branch, Ramesh Reddy Nagar, Nellore( 1 to 3 by RPAD) 4.One C.C.to Sri K. Vishnu Kumar Reddy Advocate. (OPUC) 5.One C.C.to Sri Deepak Bhattacharjee Advocate. (OPUC) 6.2 spare copies. HIGH COURT VE.J & VVA.J DATED 18-02-2009 POST ON 24-02-2009. ORDER W.P.NO. 3178 OF 2009 DIRECTION Bsr Dt. 18-2-2009 HIGH COURT VE.J & VVA.J DATED 18-02-2009 POST ON 24-02-2009. ORDER W.P.NO. 3178 OF 2009 DIRECTION