IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION NO : 21319 of 2009 Between: M/s.Central Bank of India, Asset Recovery Branch, Koti, Hyderabad, Rep. by its Principal Officer and General Power of Attorney Holder Nalini Ranjan Panda. ..... PETITIONER AND Revenue Divisional Officer, Narsampet, Warangal District & Others. .....RESPONDENTS The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No. 21319 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This writ petition is filed by the Central Bank of India assailing the proceedings in Rc.No.A/B/2418/2007, dated 18.8.2009 issued by the Revenue Divisional Officer, Narsampet, Warangal District-1st respondent herein. By the impugned proceedings, the petitioner-Bank was directed not to take any coercive steps to recover the amounts due from Nimmaraboina Srinivas, the owner of M/s.Srinivas Binny Rice Mill- 3rd respondent herein till the conclusion of the case pending before him. Pursuant to the orders passed by this Court, dated 27.10.2009, the Revenue Divisional Officer, Narsampet who issued the impugned orders was present in the Court on 10.11.2009 and undertook to withdraw the impugned proceedings and file a counter by the next date of hearing. Accordingly, he filed a counter affidavit on 13.11.2009 inter alia stating that Nimmaraboina Srinivas who is the owner of 3rd respondent rice mill disappeared on 17.12.2007 with money of Rs.2.00 crores belonging to the farmers towards paddy purchased from them during Kharif-2007 season, for which, on 18.12.2009 the ryots have gathered at the premises of the 3rd respondent mill and looted some of the paddy bags, machinery pertaining to the mill and also performed a Dharna at Narsampet Division Head quarters. In that connection, the District Collector, Warangal by order, dated 19.12.2007 requested to stop all the transactions in respect of Bank accounts and ATMs held by Nimmaraboina Srinivas and his family members in various banks in Narsampet division. As per the said directions, this respondent issued a letter, dated 19.12.2007 requesting all the Bank Managers of Narsampet division to stop all the transactions in respect of accounts held by said Nimmaraboina Srinivas and his family members. This respondent by order, dated 20.12.2007 seized the 3rd respondent rice mill and other properties held in the name of Nimmaraboina Srinivas. Further the petitioner-Bank by its letters, dated 20.12.2007 and 29.12.2007 informed this respondent that a term loan and working capital loan to a tune of Rs.1,17,577/- and Rs.22.72,248/- respectively, is outstanding from the petitioner for which, it has initiated action under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and took constructive possession of the property belonged to 3rd respondent rice mill. Further the President of victimized ryots submitted an application to this respondent about the insolvency petition filed by the Proprietor of the 3rd respondent rice mill before the Additional Judge, City Small Causes Court, Hyderabad but in the said application, the said Nimmaraboina Srinivas has not shown the name of the petitioner-Bank as a creditor. Therefore, when the petitioner-Bank approached this respondent for handing over the keys of the 3rd respondent mill, the impugned order has been passed keeping in view of the interests of the victimized ryots whose money was taken away by said Nimmaraboina Srinivas. However, in the counter affidavit the 1st respondent stated that since he cannot prevent the petitioner-Bank from initiating the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of dues from the 3rd respondent mill he has already withdrawn the impugned proceedings vide letter No.A/B/2418/07, dated 10.11.2009. In view of withdrawing the impugned proceedings by the 1st respondent as stated in the counter affidavit, no cause survives for adjudication in the writ petition. The Writ Petition is accordingly dismissed. No order as to costs. _________________ (A. GOPAL REDDY, J.) ____________________ (SAMUDRALA GOVINDARAJULU, J.) NOVEMBER 24, 2009 TSR