IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 8648 of 2004 Between: M. Pochaiah, S/o. Dargaiah, Osmania University, Hyderabad. R/o at. H.No.5, C.No. 4, O.U. Quarters, Hyderabad-1. ..... PETITIONER AND 1 The Dy. Registrar/Liquidator Aryan Co-operative Urban Bank(UL), 2-1-566/6, Nallakunta, Hyderabad. 2 The University Engineer, UNI Building Division, O.U. Campus, Hyderabad - 7. 3 The Asst. Registrar, Legal Cell, Osmania University, Hyderabad. .....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 issue an order direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in recovering the amounts from the salary of the petitioner as illegal, arbitrary, unconstitutional and violation of principles of natural justice while quashing the proceedings No. 1420/4/2004/Legal Cell dated 26-2- 2004 consequently the 2nd respondent may be directed to refund the amounts deducted from the petitioner salary. Counsel for the Petitioner:MR.T.SUDHAKAR REDDY Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : ORDER: This writ petition is filed seeking to declare the action of the second respondent in recovering the amount from the salary of the petitioner as illegal, arbitrary and unconstitutional. The petitioner borrowed a sum of Rs.5,000/- from the first respondent bank. He contended that it was discharged by him and filed a letter written by the first respondent bank to the second respondent mentioning that the personal loan availed by the petitioner has been liquidated and the second respondent was requested to stop further deductions of the loan instalment from the salary of the petitioner from the month of March, 1998. The University Engineer i.e., the second respondent also addressed a letter to the Manager of the first respondent bank, wherein he mentioned that the office of the second respondent cannot effect recovery of loan instalment from the salary of the petitioner unless and until the loan liquidation certificate issued in favour of the petitioner is cancelled. In the light of the above correspondence, it is understood that no steps are being taken for recovery of the amount from the salary of the petitioner, therefore, no cause of action survives in this writ petition. Hence, the writ petition is accordingly, dismissed. However, the petitioner is at liberty to pursue his legal remedies, if there is any proposal for recovery of the amount from him despite his convincing the authorities concerned that the loan amount has already been discharged. No costs. ___________________ Dr. G. YETHIRAJULU, J Date:19-02-2008 SKM/YCR ..... REGISTRAR // TRUE COPY // SECTION OFFICER Copy To 1 The Dy. Registrar/Liquidator Aryan Co-operative Urban Bank(UL), 2-1-566/6, Nallakunta, Hyderabad. 2 The University Engineer, UNI Building Division, O.U. Campus, Hyderabad - 7. 3 The Asst. Registrar, Legal Cell, Osmania University, Hyderabad. 4. 2CD copies Form-NIC-OGS/WP{RLD}