IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) Dated 18-8-2010 PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10440 OF 2010 Between: Arvapalli Kasi Viswewara Rao, S/o.Rangaiah ..... PETITIONER AND Syndicate Bank, rep. By its Chief Manager-cum-Authorized Officer & others ...RESPONDENTS THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.CHANDRAIAH W.P.No.10440 of 2010 ORDER: ( Per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed seeking to issue a writ of mandamus directing 1st respondent-bank not evict the petitioner pursuant to possession notice dated 10-4-2010 issued under appendix IV, under Rule 8 (1), r/w. Section 13 (4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for short, ‘the SRFEAESI Act’, by the 1st respondent-bank, till the completion of the lease period in respect of Rice Mill by name Baba Sai Rice Corporation situated Door No.20/39, Assessment No.13638, in D.No.56/1, Purushothapatnam, Chilakaluripet Town, Guntur District, without following the procedure prescribed under law. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent-bank. 3. The petitioner is stated to be a tenant of the said Rice Mill and the said premises is stated to have been mortgaged to the 1st respondent-bank by the 2nd respondent. The petitioner stated that he is a lease holder in respect of the said premises from the 2nd respondent upto 15-12-2012 and therefore if he is dispossessed of the premises pursuant to Section 13 (4) notice issued under the SRFEAESI Act, he would loose his valuable right. 4. Having heard learned counsel for the parties, we are of the view that the petitioner has a right of appeal under Section 17 of the SRFEAESI Act before the Tribunal. It is not that the petitioner is not aware of the proceedings earlier issued against him under Section 13 (2) of the SRFEAESI Act. The earlier proceedings were assailed in an earlier writ petition which was dismissed by this Court by order dated 11-3-2010. 5. In the circumstances, the writ petition is dismissed, however it is open to the writ petitioner to approach the Debt Recovery Tribunal by way of filing an appeal, within a period of two weeks from the date of receipt of a copy of this order. No costs. __________________________ GHULAM MOHAMMED, J ________________ G.CHANDRAIAH,J Dated : 18-8-2010 Nrg. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.CHANDRAIAH W.P.No.10440 of 2010 ORDER: ( Per Hon’ble Sri Justice Ghulam Mohammed ) 18-8-2010