IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 23569 of 2007 Between: Dr. B. Ashok Kumar, S/o. Venkateswarlu, Hindu, R/o. D.No. 7-28-7, Wygram Road, T. Nagar, Rajahmundry, East Godavari District. ..... PETITIONER AND 1 The Reserve Bank of India, Hyderabad Branch, Rep. by its Chief General Manager, Saifabad, Hdyerabad. 2 Housing Development Finance Corporation Limited, (HDFC) Rep. by its Regional Manager, 101, Moghul's Court, Basheerbagh, Hyderabad. 3 The Branch Manager, Housing Development, Finance Corporation Limited (HDFC) Rajahmundry, East Godavari District. .....RESPONDENTS 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 a Writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents particularly the 1st respondent in not taking any action against the 2nd and 3rd respondents in pursuance of the petitioner's representation dated 30-10-2007 as illegal, unjust, arbitrary and contra to Section 35-A of the Banking Regulation Act 1949 and Section 45(1)(A) of the Reserve Bank of India Act besides violative of Statutory provisions and consequently direct the 1st respondent to take appropriate action against the 2nd and 3rd respondents in pursuance of the petitioners representation dated 30-10-2007 with further direction to the 2nd and 3rd respondents not to adopt extra judicial methods in recovering the dues from the Petitioner. Counsel for the Petitioner: MR.L.J.VEERA REDDY Counsel for the Respondents: MR.K.SRINIVASA MURTHY The Court made the following: THE HON'BLE SRI JUSTICE C.V.RAMULU Writ Petition No.23569 of 2007 and W.V.M.P.No.653 of 2009 Common Order: This writ petition is filed seeking a writ of Mandamus declaring the action of the first respondent in not taking any action against the second and third respondents in pursuance of the petitioner’s representation, dated 30.10.2007, as illegal and arbitrary and contrary to Section 35-A of the Banking Regulation Act, 1949 and Section 45(I)(A) of the Reserve Bank of India Act, besides violative of statutory provisions and consequently seeking a direction to the first respondent to take appropriate action against the second and third respondents. While issuing notice before admission on 06.11.2007, this Court granted interim directions as prayed for on condition of the petitioner depositing rest of the amount, within a period of two months from that date. Though the time for deposit of the amount was extended for a period of four weeks on 24.01.2008, the petitioner has not complied with the same. At this stage, W.V.M.P.No.653 of 2009 is filed seeking to vacate the interim order, dated 06.11.2007. The learned counsel appearing for the third respondent strenuously contended that the writ petition itself is not maintainable, since there is no cause of action that arises against the Reserve Bank of India and that the petitioner has impleaded it only for the purpose of admission of the writ petition, otherwise a writ petition does not lie against the third respondent, namely, the Housing Development Finance Corporation Limited, which is not a State within the meaning of Article 14 of the Constitution of India. Be that as it may, since the representation purported to have been filed by the petitioner on 30.10.2007, is still pending with the Reserve Bank of India, the first respondent herein, I deem it appropriate to dispose of the writ petition with a direction to the first respondent to consider the representation, dated 30.10.2007, and pass appropriate orders thereon as per law, within a period of six weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. Accordingly, the writ petition and the WVMP are disposed of. It is also made clear that the interim order, dated 06.11.2007, stands vacated. No order as to costs. ____________ C.V. Ramulu, J Date:23.04.2009 VGB