IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.19487 of 2008 Between: M/s Subhadra Traders, Rep by its Sole Proprietor Mr. Palaparthi Praveen Kumar, S/o. Seshi Reddy, Hindu, R/o. Flat No.5, Divya Apartments, Brindavan Gardens, Guntur, Guntur District. ..... PETITIONER AND The Karur Vysya Bank, D.No.23.11.137, Eluru Bazar, Near Lalapet Police Station, Guntur-3, represented by its Senior Manager-cum-Authorized Officer. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ or Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the action on part of the respondent in issuing auction notice dated 26.08.2008 by way of paper publication through EENADU Telugu daily news paper dated 27-08-2008 with regard to the auction notice schedule properties i.e. Item No.1, Door No.11-609, Assessment 1724, D.No.85/A, B and C, extent of 258 Sq.Yards property belongs to Smt.P.Sujatha situated near Bhashyam Public School, Vikasnagar extension, Koritapadu, Guntur between the boundaries, i.e., East: House site belongs to Vajja Ramadevi, 66-3 feet, West: Site belongs to Kolli Sambi Reddy 66-3 Feet, North: 30-35 Feet Road and South: House site belongs to Vejandla Sambrajyam 35 feet, Item No.2, Plot No.9, D.No.185/3A, 3C i.e. extent of 403.3/9 Sq.yards vacant site belongs to Smt. Kallem Bhaskari Devi situated at Gorlavaripalem village, Hamlet of Peddapalakaluru, Guntur District covered by East: 66 Feet site belongs to Sekamuri Sambaiah, West: 33 Feet width road, North: Plot No.10 (55 Feet) and South: Government road (FF Feet) and Item No.3 i.e. Plot No.205, D.No.198/2C with an extent of 400 Sq.Yards belongs to Sri.P.Seshi Reddy, situated at Peddapalakaluru, Adavi Thakkelapadu Panchayat, Nallapadu, Guntur District covered by East: Plot No.196 (68 Feet) West: 33 Feet Width Road (68 Feet), North: 33 Feet width Road (53 Feet) and South: Plot No.204 (53 Feet), in order to realize an amount of Rs.17,29,479,48/- (Rupees Seventeen lakhs twenty nine thousand four hundred seventy nine and forty eight paisa) (Payable amount upto 31.12.2007) along with interest at rate of 19% per month from 01.01.2008 onwards from the petitioner is highly illegal, improper, unjust, arbitrary, violation of provisions under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Article 14 and 300-A of the Constitution of India and as a consequential direction direct the respondent to drop all further action with regard to the properties mentioned in the schedule of the auction notice dated 26-08-2008 published through EENADU Telugu daily newspaper dated 27-08-2008. Counsel for the Petitioner: MR.P.PHALGUNA RAO Counsel for the Respondents: The Court made the following: THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.19487 of 2008 ORDER: Learned counsel appearing for the petitioner seeks permission of the Court to withdraw the writ petition. Permission as sought for is accorded. The writ petition is, accordingly, dismissed as withdrawn. No order as to costs. ________________________ B. SESHASAYANA REDDY, J 18th September, 2008. IBL