IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 14499 of 2004 Between: 1 Mir Hyder Ali Khan S/o. Mir Mustaaq Ali Khan, R/o. H.No. 3-5-836, Old MLA Quarters, Hyderabad. 2 Mrs. Butool Begum W/o. Mir Mustaaq Ali Khan H.No. 3-5-836, Old MLA Quarters, Hyderabad. ..... PETITIONERS AND 1 The Charminar Co. Operative Urban Bank Ltd., having its Administrative Office, Opp. State Assembly, Saifabad, Hyd, rep. by its Managing Director. 2 The Joint Registrar/OST, Charminar Co.op Urban Bank Ltd., Administrative Office, Opp. State Assembly, Saifabad, Hyd. 3 The Sale Officer, The Charminar Co.Op. Urban Bank Ltd., 11-3-161, III Floor, Nampally Branch, Beside Badi Masjid, New Mallepalli, Hyderabad. .....RESPONDENTS 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 more particularly in the nature of Writ of Mandamus declaring the declaring the action of the 2nd respondent in issuing Distraint Order in Form No.2 under rule 52 (3) dt. 7.8.2004 of the A.P.Co.Operative Societies Act and not granting one time settlement or not rescheduling the loan amount as illegal, arbitrary, unconstitution of India and consequently direct the respondents to consider representations of the petitioners dt. 11.11.2003 and 4.6.2004 for one time settlement or rescheduling the loan amount. Counsel for the Petitioner:MR.C.B.RAM MOHAN REDDY Counsel for the Respondent No.: MR.ABHINAND KUMAR SHAVILI The Court made the following : ORDER: The petitioner approached this Court through this writ petition seeking to direct the respondents to consider his representation, dated 11-11-2003, which was reiterated in another representation, dated 04-06-2004, for one time settlement or rescheduling the loan amount. The respondents’ counsel submitted that an order has been passed by the respondents on 18-08-2004 on the representation of the petitioner informing that he is not entitled to OTA scheme as he has not fulfilled the terms and conditions as required under G.O.Ms.No.4, dated 27-02-2003. The learned counsel for the respondents further submitted that instead of preferring an Appeal against the order passed by the respondents, the petitioner approached this Court through this Writ petition, therefore, the writ petition itself cannot be maintained. The main grievance of the petitioner is that the respondents did not consider his representation, dated 11-11-2003 and pass appropriate orders. As the order was passed by the respondents on the representation of the petitioner, through the order, dated 18-08-2004, no cause of action survives in this writ petition. Hence, the writ petition is dismissed. No order as to costs. However, if the petitioner is particular to go for OTS, he may approach the respondents after fulfilling the conditions under G.O.Ms.No.4, dated 27-02-2003. ___________________ DR. G. YETHIRAJULU, J Date:22-02-2008 YCR ..... REGISTRAR // TRUE COPY // SECTION OFFICER 1. The Managing Director, Charminar Co. Operative Urban Bank Ltd., Administrative Office, Opp. State Assembly, Saifabad, Hyderabad. 2 The Joint Registrar/OST, Charminar Co.op Urban Bank Ltd., Administrative Office, Opp. State Assembly, Saifabad, Hyderabad. 3 The Sale Officer, The Charminar Co.Op. Urban Bank Ltd., 11-3-161, III Floor, Nampally Branch, Beside Badi Masjid, New Mallepalli, Hyderabad. 4. 2CD copies Form-NIC-OGS/WP{JGK}