IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION NO : 25847 of 2009 Between: Karna Sreenivasa Rao & 2 Others. ..... PETITIONERS AND State Bank of India, Chirala Brnach, Chirala, Prakasam District rep. by its Authorized Officer & another. .....RESPONDENTS The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No. 25847 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) Earlier, the petitioners invoked the jurisdiction of this Court by way of filing W.P.No.23833 of 2009 contending that their father mortgaged the joint family property, in which, they have a share, and that they filed a suit in O.S.No.36 of 2009 before the Principal District Judge, Nandyal for partition and separate possession of the property and in the said suit, they obtained injunction against their father-2nd respondent herein not to alienate the suit schedule property and therefore, the respondent-Bank cannot proceed with the auction of the property pursuant to the auction notice until their rights are decided in the suit. The said writ petition was dismissed on 05.11.2009 permitting the petitioners to file their objections to the attachment or sale of any property in execution of the recovery certificate issued by the Debts Recovery Tribunal and on dismissal of the claim petition by the Authorised Officer, they can prefer an appeal as provided under Section 30 of Recovery of Debts due to Banks and Financial Institutions Act, 1993 not withstanding the provisions of Section 29 of the Act, and that if they are aggrieved by the rejection of the claim, they may also institute a suit as per sub-rule (6) of Rule 11 of Second Schedule to Income Tax Act, 1961. On dismissal of the representation of the petitioners, they filed a claim petition on 6.11.2009 before the respondent-Bank followed by a memo, dated 20.11.2009 through their advocate, to which, the authorized officer of the Bank by the impugned order, dated 21.11.2009 informed the petitioners that the Bank has already conducted the auction on 7.11.2009 and confirmed the sale in favour of S.Chandra Mohan Rao and G.Gopala Rao,Jandrapet, Chirala who have paid the entire sale consideration and a sale certificate was also issued in their favour. In view of conducting of the auction by the respondent-Bank, if aggrieved, the petitioners can always file an appeal before the Debts Recovery Tribunal or can institute a civil suit by impleading the necessary parties for setting aside the sale conducted by the respondent-Bank. With the above observations, the writ petition is dismissed. No order as to costs. _________________ (A. GOPAL REDDY, J.) ____________________ (SAMUDRALA GOVINDARAJULU, J.) DECEMBER 01, 2009 TSR