IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.23647 of 2009 Between: Kaparthi Venkata Laxmi & six others. … Petitioners And The Authorised officer and the Chief Manager, Dena Bank and two others. … Respondents This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.23647 of 2009 ORDER: - (per the Hon’ble Sri Justice A.Gopal Reddy) The petitioners-3rd parties for the recovery proceedings initiated by the respondent-bank, filed this writ petition contending that the property which is sought to be sold under the impugned notice is a joint family property of which the petitioners have a share and the said property was mortgaged by 3rd respondent, who has no exclusive right over the said property. Petitioners also filed O.S.No.71 of 2006 before the Principal Junior Civil Judge’s Court, Nizamabad against the respondents not to interfere with their peaceful possession and enjoyment of the property. If the petitioners are claiming any right over the suit schedule property, which was attached for due recovery of the debt by the Bank, where the authorised officer issued proclamation, they can file objections for attachment or sale of the property in execution of the certificate. If the said claim petition is dismissed, they can also prefer an appeal as provided under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and further, if they are aggrieved by the rejection of the claim they can also institute a suit before the competent court and obtain necessary orders in that regard. In view of the alternative remedies available to the petitioners, the present writ petition cannot be entertained. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________________ (A.GOPAL REDDY, J) _________________________________ (SAMUDRALA GOVINDARAJULU, J) 09.11.2009. Lmv