THE HON’BLE SRI JUSTICE B PRAKASH RAO AND THE HON’BLE SRI JUSTICE B N RAO NALLA WRIT PETITION NO. 22794 OF 2010 ORDER: (Per Sri Justice B Prakash Rao) Heard Mr S Ravi, learned senior counsel appearing for petitioner and Mr. B.S. Prasad learned Standing Counsel for first respondent, Mr Krishnam Raju learned counsel for second respondent and learned Government Pleader for thirteenth respondent and at their request the main writ petition is taken up for hearing at the admission stage. In this writ petition the petitioner which is educational society, running a school in the subject disputed premises, filed the present writ petition under Article 226 of the Constitution of India, has sought for a declaration as against the action of the respondents 1 to 4 in trying to take possession of the school, situate at H No. 3-5-1015, and 3-5-1016, Street No. 5, Narayanguda, Hyderabad as illegal, arbitrary and contrary to the provisions of SARFAESI Act. The case of the petitioner in short is that they are lease holders from respondents 5 to 8 and they have been in possession and enjoyment and running the school and students career is involved. However, it appears in connection with the loan transaction which has been availed by the respondents 9 to 12 with the first respondent bank, they have initiated proceedings and trying to dispossess the petitioner. Having heard the learned counsel on either side and on perusal of the material available, it is needless to reiterate that the petitioner has got an alternative efficacious remedy of appeal as provided under Section 17 of the SARFAESI Act as against the inaction taken by the respondents 1 to 3, where all such questions can be gone into including as to the right, title and interest in respect of which the respondents proceeded against and correctness thereof. In view of the above, we do not find any justification to interfere and accordingly the writ petition is dismissed. However, the petitioner is given opportunity to avail the remedy of filing appeal in terms of Section 17 of the SARFAESI Act, along with an application seeking interim stay/directions, if any, within a period of four weeks from today. It is made clear that there shall be stay of dispossession, till disposal of the appeal or the interim application seeking stay, whichever is earlier. No costs. _______________ B PRAKASH RAO,J ______________ B N RAO NALLA,J DATE 13.9.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO AND THE HON’BLE SRI JUSTICE B N RAO NALLA WRIT PETITION NO. 22794 OF 2010 DATE: 13.9.2010