IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE T.CH.SURYA RAO WRIT PETITION No.71 of 2008 Between: Hyderabad Arch Diocese Social Service Society, Sarojini Devi Road, Secunderabad, represented by its Executive Director Sri M. Pratap. .....Petitioner And 1. The Recovery Officer, Debts Recovery Tribunal, Andhra Pradesh, Hyderabad, At 5th Floor, Triveni Complex, Abida, Hyderabad. 2. State Bank of Hyderabad, Shapuragar Branch, Hyderabad, represented by Chief Manager, ARM Branch, Abids, Hyderabad. 3. K. Koti Reddy, S/o. Nagi Reddy, R/o. Gagillapuram Village, Quthbullapur Mandal, Ranga Reddy District. 4. P. Venkata Reddy, S/o. Veera Reddy, R/o. Kallam Agro Products, Ankireddypalem, Guntur District. 5. M/s. Sri Enterprises, represented by its Proprietor Sri Narayanan, S/o. Ramakrishnaiah, F-15, I.D.A. Jeedimetla, Hyderabad, Ranga Reddy District. .....Respondents 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 a writ, order or direction (s) more particularly one in the nature of Writ of Mandamus and call for records pertaining to: i) proceedings of the Respondent No. 1 dated 20-12- 2007 ordering to hand over possession of the properties in Survey No. 228, Survey No. 226 situated at Gaggilapuram Village, Qutbullapur Mandal, Ranga Reddy District; and ii) Sale Certificate dated 13-12-2006 issued by the Respondent No. 1 herein favour of the Respondents No. 3 and 4; and set aside them as illegal, arbitrary and without jurisdiction. Counsel for the petitioner : Sri P.R. Prasad Counsel for respondent No.1 : Sri Deepak Bhattacharjee Counsel for respondent No.2 : Sri Ch. Ravindra Babu Counsel for respondent Nos.3 and 4 : Sri K. Buchibabu The Court made the following: ORDER: (per Anil R. Dave, C.J.) In view of the fact that alternative remedy is available to the petitioner, we are not inclined to entertain this petition. Learned Advocate, Sri P.R. Prasad, appearing for the petitioner, has submitted that his client would file an appeal under the provisions of Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 within two weeks from today. If the appeal is filed within two weeks from today, the Tribunal shall decide the same as soon as possible and preferably within three months from the date of receipt of the memorandum of appeal. Looking to the facts of the case, it is directed that status quo with regard to possession of the property in question shall be maintained till 31st May, 2008 or till the Tribunal decides the appeal. The petition is permitted to be withdrawn in view of the above facts. The petition stands disposed of as withdrawn. ANIL R. DAVE, C.J. 11th March, 2008 T.CH. SURYA RAO, J. Note: Issue copy in two days. (BO) ........REGISTRAR To 1. The Recovery Officer, Debts Recovery Tribunal, Andhra Pradesh, Hyderabad, At 5th Floor, Triveni Complex, Abida, Hyderabad. 2. The Chief Manager, ARM Branch, State Bank of Hyderabad, Abids, Hyderabad. 3. Two C.D. copies. ARS