IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 7784 of 2009 Between: M/s. Karna Handlooms Jandrapet, Chirala Prakasam District, Rep. by its Proprietor Sri K. Nagalingam ..... PETITIONER AND State Bank of India, Chirala Branch Rep. by its Chief Manager & Authoriesed Officer P.B. Souri Rajan S/o. P.B.K. Swamy Chirala, Prakasam 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 a writ/order./ direction more particularly one in the nature of writ of Mandmaus declaring the action of respondent in issuing notice dt. 19-3-2009 without considering the representation dt. 27-1-2009 of the petitioner as illegal, arbitrary unconstitutional and in violation of Art. 14 and 21 of the Constitution of India and consequently set aside the Auction Notice dt. 19-3-2009 issued by the Respondent and to pass Counsel for the Petitioner: MR.SRINIVASULU KURRA Counsel for the Respondent No: DR.Y.PADMAVATHI The Court made the following : ORDER : (Per Sri Justice GHULAM MOHAMMED) The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the Writ Petition with permission to the petitioner to avail the alternative remedy of appeal provided under Section 17 of the SRFAESI Act (Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002) since the conditional order passed on 17.4.2009 by this Court has not been complied with by him. In view of the above submission, the Writ Petition is dismissed as withdrawn and permission is accorded to avail the remedy of appeal provided under Section 17 of the SRFAESI Act. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR , J Dt. 08.06.2009 KA // TRUE COPY // ..... REGISTRAR SECTION OFFICER To 1) 2 CD copies