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.35627 of 1997 Between: 1 Penmatsa Satyanarayana Raju S/o Surapu Raju R/o Palakol, West Godavari District 2 Smt. Penmatsa Surya Padmavathi W/o Satyanarayana Raju R/o Palakol, West Godavari District 3 kanumuri Suryanarayana Raju S/o Rama Raju R/o Sakhinetipalli, Razole D.M.C., East Godavari District ..... PETITIONER(S) AND 1 The Union of India rep. by Finance Secretary Central Secretariat, New Delhi 2 Andhra Bank rep. by Branch Manager Palakole, West Godavari District 3 The Chairman, Debt Recovery Tribunal, Bangalore .....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 of Mandamus or any other appropriate Writ, or direction declaring the original Application No.273/1996 on the file of the Debt Recovery Tribunal, Bangalore (Sitting at Hyderabad) as not maintainable, after declaring the Act No.51 of 1993 i.e. Recovery of Debts due to Banks and Financial Institutions Act, 1993 as illegal, invalid and unconstitutional and pass such other order or orders as this Hon'ble Court may be deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.CHIDAMBARAM Counsel for the Respondent No.: MR.P.PAPA RAO The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.35627 of 1997 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. The interim order granted on 15-04-1999 stands vacated. 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{PRASAD} [1] (2002) 4 Supreme Court Cases 275