IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 9787 of 2004 Between: 1 Sri K.Neelakanti Venkataramana, S/o Gopaiah, R/o H.No.2-12-5, Stambhalagaruvu, Guntur. 2 Smt.Neelakanti Santhi, W/o N.V.Ramana, R/o H.No.2-12-5, Stambhalagaruvu, Guntur. ..... PETITIONERS AND The Authorised Officer, Syndicate Bank, Regional Office, Vijayawada. .....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 issue an appropriate Writ, Order or direction in the nature of Mandamus, declaring the notice of auction to be held on 22-6-2004 issued by the respondent herein, published Eenadu Telugu Edition, Guntur District, dated 8-6-2004 bringing the 2 items mentioned in the said notice to sale for recovery of Rs.26,93,516/- as being illegal, unjust, arbitrary and contrary to the Judgment of the Supreme Court of India, reported in 2004 SCC Page 311 Counsel for the Petitioners: MR.E.V.BHAGIRATHA RAO Counsel for the Respondent: Mr. A. KRISHNAM RAJU. The Court at the stage of admission made the following ORDER: Learned counsel for the petitioners submits that in view of the judgment of the Apex Court in Mardia Chemicals Ltd., and others v. Union of India, he seeks permission of this Court to withdraw the writ petition with a liberty to avail the remedy of appeal before the Debt Recovery Tribunal. Permission is accorded and the writ petition is dismissed as withdrawn. No costs. ______________ A.Gopal Reddy, J Date: 01.09.2004 Va/ghn To 1. The Authorised Officer, Syndicate Bank, Regional Office, Vijayawada. 2. Two CD Copies