IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 31395 of 1998 BETWEEN: M/s Mayflower Enterprises Rep. by its Proprietor, Sri Rajesh Khendry, 1-10-84/1, Mayurmarg, Begumpet, Hyderabad. ... PETITIONER AND 1 Union of India Rep. by its Secretary, Ministry of Finance Central Secreteriat, New Delhi. 2 The Presiding Officer, Debt Recovery Tribunal Krishi Bhavan, Hudson Circle, Bangalore. 3 The Recovery Officer Debt Recovery Tribunal Krishi Bhavan, Hudson Circle, Bangalore. 4 Syndicate Bank Rep. by its GPA Holder, S.C.Rly Head Quarters Area Branch, Secunderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of mandamus declaring the enactment of Debts Recovery Act 51 of 1993 as ultravires to the Constitution of India and consequently declare that the Certificate passed by the respondent No.3 in bearing No.573 dt.21-11-1997 in O.A.No.960/97 as illegal and violative of principles of natural justice and violative of Articles 14,19,21,300-A and 245(3) of the Constitution of India and as it opposed to principles of natural justice having been passed without notice to me, and to pass such other order or orders. Counsel for the Petitioner: MR.A.K.NARASIMHA RAO Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) MR. D. GOPALAKRISHNA The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) The issue raised in this writ petition is covered by the judgment of this Court in WP.No.4028 of 1998 and batch dated 23.01.2009 wherein this Court made the following order: “In all these writ petitions the petitioners question the Constitutional validity of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993). 2. Sri A. Rajashekar Reddy, learned Assistant Solicitor General, submits that Constitutional validity of the aforesaid Act 51 of 1993 has been upheld by the Supreme Court in UNION OF INDIA v. DELHI HIGH COURT BAR ASSOCIATION AND OTHERS[1]. In view of the above, the writ petitions are accordingly dismissed. There shall be no order as to costs.” Following the aforesaid order, the writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J February 5, 2009 DSK [1] (2002) 4 SCC 275