IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.2821 of 1998 Between: 1 M/s. Vijayalakshmi Suryanarayana Rice Mill Rep. by its Partner Kolluri Venkata Ratnam Palakol, Regd. Firm. 2 Kolluri Venkataratnam S/o. Suryanarayana Murthy R/o. Palakol, West Godavari District. 3 Repata Venkata Satyavathi W/o. Suryanarayana R/o. Palakol, West Godavari District. 4 Kolluri Venkta Nagamani W/o. Venkata Ratnam R/o. Palakol, West Godavari District. 5 Kolluri Satya Surya Naga Venkayya S/o. Venkata Ratnam R/o. Palakol, West Godavari District. ..... PETITIONER(S) AND 1 Union of India Rep. by its Secretary Ministry of Finance, Cental Secretariat, New Delhi. 2 M/s. Andhra Bank A Government of India under taking Rep. by its Branch Manager, Palakol, West Godavari District. 3 Debt Recovery Tribunal, Andhra Pradesh & Karnataka Rep. by its Chairman, Krishi Bhavan, Hudson Circle, Nrupatunga Road, Bangalore-2. .....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 may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Certiorari declaring the enactment of Debt Relief Act, Act 51/93, as passed by the Indian Parliament is ultravires of the Constitution of India and quash the Act as such and consequently quash the proceedings in O.A.No. 272/96 on the file of the 3rd Respondent, as void and restraining the Respondents 2 and 3 from proceeding further in O.A.NO. 272/96 as entertainment of O.A. itself is ultravires and illegal and violative of principles of natural justice and violative of Articles 14, 19, 21, 300-A and 246(3) of Constitution of India and entries 30 and 65 of List-II of VII Schedule of the Constitution, as otherwise the Petitioners will suffer serious hardship and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.SIVANANDA KUMAR Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.2821 of 1998 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed questioning the provisions of Debt Recovery Act No.51 of 1993. It is not in dispute that the constitutional validity of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, was upheld by the Apex Court in UNION OF INDIA AND ANOTHER Vs. DELHI HIGH COURT BAR ASSOCIATION AND OTHERS[1]. The subject matter of this writ petition is squarely covered by the said decision. Therefore, we are of the opinion that the petitioners are not entitled for any relief. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 27-01-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{ESWAR} [1] (2002) 4 Supreme Court Cases 275