IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 20064 of 2008 Between: Smt Sabira Bee W/o. S.MD Yusf, D.No.45-24K24 Ashok Nagar,Kurnool District ..... PETITIONER AND Canara Bank rep.by its Authorized Officer,Secured Creditor,Kurnool Kurnool District .....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 to issue an appropriate writ,order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent bank in sending hire goondas who are threatening to dispossess the petitioner from her House D.No. 45-24K-24 admeasuring 1.66 cents situated in Sy.No.91,92,92/1,93/1 and 93/2 Ashoknagar Kurnool which is other than the secured property having separate registered sale deed as illegal,arbitrary contrary the provisions of Securitization act and violative ofArticles 14 and 21 of the Constitution of India and consequenty direct the respondent not to dispossess or in any manner interfere with the possession and enjoyment of the above said property without following the due process of Law under Sercuritization act and to grant such other relief or reliefs Counsel for the Petitioner:MR.J.JANAKIRAMI REDDY Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) The learned counsel appearing for the petitioner seeks permission to withdraw the Writ Petition with liberty to avail remedy of appeal provided under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SRFAESI Act’). Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn. Liberty is given to the petitioner to approach the Debts Recovery Tribunal by way filing an appeal under Section 17 of the Act. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR, J Dt. 03.07.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies