IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 4654 of 2008 Between: 1. M/s. Ayodhya Book Atall & Pan Store, rep. by proprietor- M.Manohar, S/o. M.Rangaiah, R/o. H.No. 4-8-201, Gowliguda, Hyderabad. 2. M/s. World Gifts & Novelities, rep. by its Proprietor, Md.Masood Ahmed, S/o. Shahbuddin ahmed, R/o. 8-1- 398/13/7, Tolichowki, Hyderabad. 3. M/s.Southern Travels Pvt. Ltd., rep. by its Proprietor Sri A.A.Praveen Kumar,S/o. A.V.Rao, R/o. Punjagutta, Hyderabad. 4. M/s. Hotel Ayodhya Lodging & Restaurant, rep. by its Proprietor P.S.Krishna Mohan, S/o. P.Raghavaiah, R/o. Srinagar Colony, Hyderabad. ..... PETITIONERS AND 1. M/s.Indian Overseas Bank, the body Sorporate Constituted under the Banking Companies, ( Acquition & Transfer of Undertaking ) Act,1970 having its Office at 763, annasalai at Chennai 600 002 and carrying banking Business among other places at Basheerbagh Branchy, Hyderabad. 2. The State, rep. by its Station House Officer, Nampally, P.S., Hyderabad. 3. M/s. Maniraja Constructions rep. by its Managing Partner, V.Venkateshwar Rao, H.No. 11-5-427/428, Hotel Ayodhya Complex, Lakadikapul, Hyderabad. 4. V.Venkateshwar Rao S/o. Late Balraj Gupta, D.No.6-3-630/A, Anad Nagar, Khairtabad, hyderabad. 5. V.Manemma W/o. Late Balraj Gupta, D.No.6-3-630/A, Anad nagar, Khairatabad. hyderabad. .....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 an appropri0ate writ, order or direction more particularly a writ in the nature of Mandamus declaring the action of the respondents Nos.1 & 2 in attempting to seize our leased premises at House bearing No.11-5-427/428, situated at Jaffer Bagh, Lakadikapool, Hyderabad, without following due process of law and principles of natural justice, as it being violative of the Constitutional mandate under Arts. 14, 19 (1) (g), 21 and 300-A, and consequently quash the Advocate Commissioner's Warrant issued in Crl. P.No.1064/2008 on the file of the learned Chief Metropolitan Magistrate, Hdyerabad as being uneforceable and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner:MR.D.SESHADRI NAIDU Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.4654 OF 2008 ORDER: This writ petition has been instituted calling in question the action of the respondents 1 and 2 in seizing the premises bearing house No.11-5-427/428, situated at Jaffer Bagh, Lakadikapool, Hyderabad, which premises has been leased out by the owner in favour of the petitioners, who were carrying on their trade and business thereat. It is the case of the 1st respondent bank that the owner of the building was a barrower with the 1st respondent bank, who has committed default in repaying the debt and consequently, they have invoked the provisions contained in Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In terms of Subsection (4) of Section 13 of the Act, they have approached the Chief Metropolitan Magistrate, Hyderabad and filed Crl.M.P.No.1064 of 2008, which was ordered on 28-02-2008 and in pursuance thereof, they have seized the premises, but however, pursuant to the directions issued by this Court, the petitioners have also submitted their representations and the 1st respondent bank had also considered their representations and passed orders on 21-04-2008 permitting three months time for the petitioners to vacate the premises subject to the following conditions imposed therein: “ 1) You should give an undertaking letter to Honorable High Court that you will vacate the premises within due date and will not file any other WP at High Court or case at any lower court/DRT etc, including withdrawal of present WP. 2) You have to acknowledge that the Bank has the liberty to sell the subject property under SARFAESI Act, after the said period of 3 three months.” Today, the petitioners have furnished an undertaking to the following effect: “Therefore, it is humbly submitted that the petitioners herein undertake to vacate the premises within three months from the date of order and will not file any other W.P. at High Court or at any court of law.” In view of this undertaking furnished by the petitioners, the 1st respondent bank is directed to handover possession of the respective premises to the petitioners under proper acknowledgment so as to enable them to re-enter the said premises. Since, the petitioners have undertaken to vacate the premises in question within a period of three months, they are liable to vacate the same and handover the vacant possession to the 1st respondent bank within the said period. With this, the writ petition stands disposed of. No costs. -------------------------------- Nooty Ramamohana Rao, J 23rd April 2008 mrk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}