THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION No. 32667 of 2010 ORDER: (Per Hon’ble Sri Justice N.V. Ramana) Questioning the action of respondent No.1- State Bank of Hyderabad, Main Branch, Kakinada, East Godavari District, represented by its Authorized Officer, in issuing auction notice dated 25.11.2010, proposing to conduct auction on 29.12.2010 to sell the property to an extent of 395.14 square yards, situated in D.No.43-7-31 at Old Post Office Street, Ward No.17, Kakinada, East Godavari District, the petitioners filed the present writ petition. It is the case of the petitioners that they are entitled to share in the subject property and an appeal regarding their claim for partition is pending and hence the impugned notice for auction of the subject property is arbitrary and illegal. The matter is coming up for admission since 28.12.2010 onwards and no interim orders are passed by this Court. Today, when the matter is taken up for consideration, it is brought to the notice of the Court by the counsel on either side that with regard to the subject matter, the parents of the writ petitioners, who are the unofficial respondents herein, have already approached the Debts Recovery Tribunal by filing S.A. No. 1 of 2011 and the same is pending. In view of the same, we are not inclined to pass any orders in this writ petition and the petitioners are at liberty to pursue their remedies as available under law. The writ petition is accordingly dismissed. No order as to costs. _____________ N.V. RAMANA, J _________________ P. DURGA PRASAD, J 06th September 2011 IBL