IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 17568 of 2008 Between: 1 M/s. Rama Silks Rep. by its Proprietor, M.Venkatesh S/o. Vengamuni R/o.Old H.No.3-215 and 3-216, 1st Floor, New H.No.9/124, 9/126, Saale Street, Dharmavaram, Anantapur District, presently residing at H.No.583, 11th Main, Yelahunka New Town, Bangalore - 64. 2 M/s. Malisetty Silks Rep. by its Proprietor M.Kiran Kumar S/o. M.Venkatesh R/o.Old H.No.3-215 and 3-216, 1st Floor, New H.No.9/124, 9/126, Saale Street, Dharmavaram, Anantapur District, presently residing at H.No.583, 11th Main, Yelahunka New Town, Bangalore - 64. ..... PETITIONER(S) AND 1 The ING Vysya Bank Ltd., rep. by its Chairman, M.G.Road, Bangalore. 2 The Authorized Officer, ING Vysya Bank, Dharmavaram Branch, Anantapur. 3 The ING Vysya Bank Dharmavaram Branch, rep. by its Manager, Dharmavaram, Anantapur District. 4 A.Mohan Babu S/o.Chalapathi R/o.H.No.9/124, 9/126. Saale Street, Dharmavaram, Anantapur District. .....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 writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No.1 to 3 in conducting auction of house property bearing Old H.No.3-215 and 3-216, 1st Floor, New H.No.9/124, 9/126, Saale Street, Dharmavaram, Anantapur District belonging to the petitioners without serving any sale notice is as illegal, arbitrary and violation of the Art. 14, 21 and 300-A of the Constitution of India and contrary to the Rules 8 and 9 of the Security Interest (Enforcement) Rules 2002 as provided under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and consequently direct the respondents No.1 to 3 not to execute any sale deed in favour of the 4th respondent in pursuance of auction conducted on 26.7.2008 in respect of the house property bearing Old H.No.3-215 and 3-216, 1st Floor, New H.No.9/124, 9/126, Saale Street, Dharmavaram, Anantapur District and set aside the same holding that the said auction is not valid under law and pass such other order or orders. Counsel for the Petitioner:MR.SURESH KUMAR REDDY KALAVA Counsel for the Respondent : SMT.V.DYUMANI FOR RVAK-1-3 The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR W.P.No.17568 of 2008 ORDER: (Per Ghulam Mohammed, J) Sri Suresh Kumar Reddy Kalva, learned counsel for the petitioners seeks permission to withdraw the writ petition with liberty to avail the alternative remedy. Permission is accorded. The writ petition is dismissed as withdrawn with liberty to the petitioners to avail alternative remedy as available under law before an appropriate forum. No order as to costs. _____________________ GHULAM MOHAMMED,J _____________________ VILAS V. AFZULPURKAR,J 29-06-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KURR}