THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 16946 of 2009 Between: Pamarthi Nancharaiah, S/o Adinarayana ..... PETITIONER AND The Branch Manager, ING Vysya Bank, Tadepalligudem, W.G.Dt and two others .....RESPONDENTS Counsel for the Petitioners: Counsel for the Respondents: . The Court made the following : ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed ) This Writ Petition has been filed in the nature of writ of Mandamus to declare the action of the first respondent-Bank in filing O.A No. 78 of 2006 without impleading the petitioner as arbitrary and contrary to Section 19(a)(b) (4) of the Debt Recovery Tribunal’s Act and consequently set aside R.P.No. 70 of 2008 in O.A.No. 78 of 2006. The main grievance of the petitioner is that he received notice dated Nil, in I.A.No. 22 of 2009 in R.P.No. 70 of 2008 in O.A.No. 78 of 2006. It is stated that the father of the principal borrower purchased fish tanks in the name of the petitioner and keeping the said fish tanks as mortgage, the first respondent- Bank gave loan. As the petitioner defaulted the amount due to the Bank, the first respondent-bank filed O.A.No. 78 of 2006 before the Debt Recovery Tribunal, at Visakhapatnam for recovery of Rs.16,96,202-35. The Debt Recovery Tribunal at Visakhapatnam, disposed of the O.A and issued Sale Certificate on 28.3.2009 for recovery of Rs. 16,96,202.35 without impleading the petitioner as defendant. Hence the present Writ Petition. We have heard the learned counsel appearing for the petitioner and have perused the material made available on record. This Writ Petition is misconceived inasmuch as I.A No. 22 of 2009 in R.P.No. 70 of 2008 in O.A.No. 78 of 2006, has been moved for impleading the 6th respondent by name Sri Veeranki Mohana Rao S/o Late Veeranki Amma Rao in R.P.No. 70 of 2008, as legal representative of deceased 5th respondent and the petitioner is nothing to do with the order in the said I.A. Hence, we do not find any illegality or irregularity to exercise our jurisdiction under Article 226 of the Constitution of India. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _______________________ GHULAM MOHAMMED,J _______________________________ NOOTY RAMAMOHANA RAO,J 18.08.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.