IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 13928 of 2009 Between: M/s. Modern Auto Works, Rep. by its Prop. S. Anwar Basha, S/o. Late S. Md. Yousuf, R/o. H.No. 45-24K- 24, Ashok Nagar, Kurnool. ..... PETITIONER AND 1 Canara Bank the body corporate Constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1969 having its Head Office at Bangalore and Carrying the banking business among other places at Kurnool. 2 P. Gopi Kishore, S/o. P. Gopal Rao, R/o. H.No. 45/23B6, Ashok Nagar, Kurnool. .....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 issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.1 in taking over the possession of the premises bearing D.No. 45/24K-24, admeasuring 1.66 cents situated at 45th ward Sri Krishna Colony, Kurnool pursuant to the order dt. 3-7-2009 passed in Crl. M.P.No. 73/2009a in C.F.R. No. 145/2009 on the file of the Principal Assistant Sessions Judge, Kurnool-Cum-Chief Judicial Magistrate, Kurnool as illegal and arbitrary contrary the provisions of Securitization Act and violative of Articles 14 and 21 of the Constitution of India and Consequently direct respondent NO.1 herein to restore the possession of the above said premises by receiving the outstanding loan amount and to grant such other relief or reliefs Counsel for the Petitioner:MR.J.JANAKIRAMI REDDY Counsel for the Respondent No.: . The Court made the following : ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) Sri J.Janaki Rami Reddy, learned counsel for the petitioner seeks permission to withdraw this writ petition so as to enable the petitioner to work out alternative remedies as are available to him under Law. Permission is hereby accorded and accordingly, the writ petition is dismissed as withdrawn. No costs. _____________________ GHULAM MOHAMMED, J _____________________ VILAS.V.AFZUL PURKAR, J July 13, 2009. KK/DSH