THE HON'BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.18280 OF 2011 Dated: 01.07.2011 Between: M/s. Sri Venkat Satyanarayana Manures Depot … Petitioner AND The Authorised Officer, Bank of India, Anakapalle, Visakhapatnam District and others … Respondents This Court made the following : THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.18280 OF 2011 O R D E R: This writ petition is filed seeking a declaration that the alleged action of the 1st respondent Bank in allowing House No.16-7-10, Polimera Veedhi, Gavarapalem, Anakapalle belonging to the petitioner firm to be altered by the 3rd respondent is arbitrary and illegal. I have heard the learned counsel for the petitioner. The material available on record shows that aggrieved by the demand notice dated 3.7.2008 issued by the 1st respondent Bank under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the petitioner firm filed an appeal before the Debts Recovery Tribunal, Visakhapatnam and the same was dismissed on 25.2.2010. Aggrieved by the same, the petitioner states to have preferred an appeal before the Debts Recovery Appellate Tribunal, Visakhapatnam along with an application seeking interim stay of the impugned possession notice. According to the petitioner, the said application is yet to be heard. However it is not disputed that the physical possession of the property was already taken by the 1st respondent Bank on 10.5.2011 and it was put to auction. The present writ petition is filed contending that the action of the 3rd respondent who is the auction purchaser in attempting to alter the building which was sold in the auction while the appeal is pending before the Appellate Tribunal is arbitrary and illegal. Having regard to the admitted fact that the impugned action of the respondents is the subject-matter of the appeal pending before the Appellate Tribunal, the only course open to the petitioner is to pursue the proceedings pending before the Appellate Tribunal and he cannot be permitted to invoke the jurisdiction of this Court under Article 226 of the Constitution of India simultaneously. Accordingly, leaving it open to the petitioner to pursue the proceedings pending before the Appellate Tribunal, the Writ Petition is disposed of. No costs. __________ G.ROHINI, J JULY 01, 2011 Ivd