IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.626 of 1998 Between: Dasari Tammanna Dora, S/o. Suryayya, Gokavaram, East Godavari District. ..... PETITIONER AND 1 Union of India, Rep. Secretary, Law Department, Parliament House, New Delhi. 2 State Bank of India, Innespeta Branch, Rajahmundry, East Godavari District. 3 Chairman, Debt Recovery Tribunal, 3, Krishi Bhavan, Nrupatunga Road, Bangalore. .....RESPONDENT(S) 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 an appropriate order or direction or writ more in nature of writ of Mandamus declaring or writ more in nature of writ of Mandamus declaring the original proceedings bearing O.a.No.1007/96 on the file of 3rd respondent /debt Recovery Tribunal, Bangalore against the petitioner as being invalid, after declaring the provisions of Act 51/1993 as being illegal, violative to the principles of natural justice and unconstitutional as being violative of Arts, 14, 19, 21, 246(3) and 300(A) of Constitution of India and for a consequential order directing the respondents to drop all further proceedings in this regard. Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.: MR.K.GOPALA KRISHNA MURTHY The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.626 of 1998 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed questioning the provisions of Debt Recovery Act No.51 of 1993. It is not in dispute that the constitutional validity of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, was upheld by the Apex Court in UNION OF INDIA AND ANOTHER Vs. DELHI HIGH COURT BAR ASSOCIATION AND OTHERS[1]. The subject matter of this writ petition is squarely covered by the said decision. Therefore, we are of the opinion that the petitioner is not entitled for any relief. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 27-01-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VEENA} [1] (2002) 4 Supreme Court Cases 275