IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH 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 : 12060 of 2009 Between: Indian Bank, Liberty Plaza, Himayathnagar Branch, Hyderabad, represented by its Authorised Officer. ..... PETITIONER AND 1 Smt. Sama Varalakshmi W/o.Malla Reddy R/o.Brahmanapally, Village Bibinagar, Nalgonda District. 2 Smt.Sabera Begum W/o.Pattan Nazer R/o.Brahmanapally, Village Bibinagar, Nalgonda District. 3 P.Kumar Swamy S/o.Narshimma R/o.Battuguda, Village Bibinagar, Nalgonda District. 4 Smt.Rachamerla Kalyani W/o.Venkatesh R/o.Chinnaravulapally Village Bibinagar, Nalgonda District. 5 Smt.Deeknonda Umarani W/o. Sudhakar R/o. Village Bibinagar, Nalgonda District. 6 Vadapally Srinivas S/o.Ramulu R/o.Palvaiguda, Village Bibinagar, Nalgonda District. 7 V.Ramakrishna Rao S/o.Late Muthyalu R/o.8-2-483/1, Kummariguda, Secunderabad. 8 Smt.G.Lavanya W/o.Ganesh R/o.8-2-154, Second Bazar, Secunderabad. 9 P.N.Nayak S/o.Dhamla R/o.12-1-503/4, Lakshmi Nagar, Lalapet, Secunderabad. 10 Harichandra Nayak S/o.Ramachandra Nayak R/o.Railway Quarters No.660/3, North Lalaguda, Secunderabad. 11 K.E.Venkataramaiah S/o.Balagurappal R/o.12-1-503/17, Lakshminagar, Hyderabad. 12 K.Kondal Reddy S/o.Bal Reddy R/o.Brahmanapally, Village Bibinagar, Nalgonda District. 13 Gangadeva Nagesh S/o.Late Narshimma R/o.Bhattugudem Village, Bibinagar, Nalgonda District. 14 Smt.V.Sujatha W/o.Sreenivasa Reddy R/o.Bothapally Village, Zinnaram Mandal, Medak District. 15 Sama Malla Reddy S/o.Sathi Reddy R/o.6-25, Bibinagar, Village, Nalgonda District. 16 B.Shankar S/o.B.Polya R/o.10-10, Prem Vijayanagar Colony, Malkajgiri, Hyderabad. 17 K.Shankariah S/o.Rajaiah R/o.1-1, Bhattugudem, Chinnaravulapally Village, Bibinagar, Nalgonda District. 18 K.Yadagiri S/o.Batchaiah R/o.1-1, Bhattugudem, Chinnaravulapally Village, Bibinagar, Nalgonda District. 19 Smt.Teegala Bharatamma W/o.Venkat Reddy Chinnapadisala Motkur Mandal, Nalgonda District. 20 Somu Lakshma Reddy S/o.Amara Reddy R/o.6-88, Bibinagar, Village, Nalgonda District. 21 P.Rajasekhar Reddy S/o.P.Anantha Reddy R/o.Hammapur, Bhongir, Nalgonda District. 22 Gitta Purushottam Reddy S/o.Lakshma Reddy R/o.1-78, Bommaipally, Bhongir, Mandal, Nalgonda District. 23 Miss Uddaraju Madhuri D/o.Venugopal Raju R/o. Bibinagar, Nalgonda District. 24 Sri.U.Laxmaiah S/o.Sithari R/o.Brahmanapally Village, Bibinagar, Nalgonda District. 25 Vuppula Maramma W/o.Swamy R/o.3-4-2/1, Ramanthpur, Rajendranagar, Hyderabad. 26 Gunti Narisingh Rao S/o.late G.Chandriah R/o.3-4-38/A&B, Rajendranagar, Ramanthpur, Hyderabad. 27 S.Prasad S/o.Gangaram R/o.6-38, Bibinagar, Nalgonda District. 28 D.Satyanarayana S/o.Laxmaiah R/o.Bibinagar, Nalgonda District. 29 Sunder S/o.late P.S.Subramanian R/o.2-2-647/125, Central Excise Colony, Hyderabad. 30 The Presiding Officer, Debts Recovery Tribunal, V Floor, Triveni Complex, Abids, Hyderabad. .....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 a Writ or Order or direction, more particularly one in the nature of Writ of Certiorari calling for the records pertaining to S.A.No.145/2009 on the file of the Debts Recovery Tribunal, Hyderabad and quash the order passed by the DRT, Hyderabad in I.A.No.529/2009 in S.A.No.145/2009 dated: 27.04.2009 and to pass. Counsel for the Petitioner:MR.AMBADIPUDI SATYANARAYANA Counsel for the Respondent No.: . The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed by the Indian Bank, seeking Writ of Certiorari calling for the records pertaining to S.A.No. 145 of 2009 on the file of the Debts Recovery Tribunal, Hyderabad and quash the order dated 27.4.2009 passed by the Debts Recovery Tribunal in I.A.No. 529 of 2009 in S.A.No. 145 of 2009 as illegal. The learned counsel appearing for the petitioner-Bank contended that the Debts Recovery Tribunal at Hyderabad ought not to have granted blanket stay inasmuch as the learned Judge formed an opinion with regard to legal issue, which has to be decided at the time of final hearing of the appeal but he granted stay without assigning any reasons. On the other hand, the learned counsel appearing for the respondents-applicants contended that the Debts Recovery Tribunal has satisfied that the respondents-applicants have made out a prima facie case and that the petitioner –Bank has not even considered the letter filed by one of the respondents-applicants stating that he is agreeing to pay Rs. 200/- per square yard for entire Ac. 2.16 guntas i.e., Rs. 23,25,000/- by praying the petitioner-Bank to release the property sale deeds. Hence, the Tribunal granted interim stay of all further proceedings in pursuance of the sale notice dated 18.3.2009 in respect of the petition schedule property and rightly posted the matter to 29.6.2009 for filing counter or reply if any and it is always open to the Petitioner-Bank to seek for modification of the order or to vacate the same. We have heard the learned counsel appearing for both sides and have perused the material made available on record. It is always open for the petitioner-Bank to file a petition seeking vacation of the interim orders granted by the Tribunal. Hence, we do not want to express any opinion on the merits of the matter. Accordingly, the Writ Petition is dismissed. However, as it is now submitted by both the parties that the counter has already filed long back and the matter is posted to 17.7.2009 for hearing, it is needless to mention that the Tribunal shall dispose of the matter on merits after giving an opportunity of hearing to both sides uninfluenced by any of the observations made in this Writ Petition. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR , J Dt. 15.07.2009 KA // TRUE COPY // ..... REGISTRAR SECTION OFFICER To 1. 2 CD copies