IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.24332 of 2008 Between: 1 M/s. Siddi Vinayaka Raw & Boiled Rice Mill, Unduru Village, Samalkot Mandal, E.G. District, rep. by its Managing Partner Edala Suryanarayana. 2 Edla Suryanarayana S/o. Rudra Murthy D.No.14-2-22, Jaggammagaripet, Near Vinayaka Rice Mills, Peddapuram Road, Samalkot, East Godavari District. 3 Edla Veera Venkata Satya Rudramurty Chowdary, S/o. Suryanarayana R/o. D.No.14-2-22, Jaggammagaripet, Near Vinayaka Rice Mills, Peddapuram Road, Samalkot, East Godavari District. 4 Edla Durga Prasad S/o. Suryanarayana R/o. D.No.14-2-22, Jaggammagaripet, Near Vinayaka Rice Mills, Peddapuram Road, Samalkot, East Godavari District. 5 Edla Lakshmi Kantham W/o. Suryanarayana R/o. D.No.14-2-22, Jaggammagaripet, Near Vinayaka Rice Mills, Peddapuram Road, Samalkot, East Godavari District. 6 Dasari Ramachandra Rao S/o. Bulli Ganiraju D.No.9-238, Muralidharanagar, Kakinada, East Godavari District. 7 Dasari Varalakshmi Manga Tayaru W/o. Ramachandra Rao R/o. D.No.14-2-22, Jaggammagaripet, Near Vinayaka Rice Mills, Peddapuram Road, Samalkot, East Godavari District. 8 Chekuri Kanaka Lakshmi Bala Tripura Sundari W/o. Pattabhi Ramayya R/o. D.No.10-214, Adivipolam, Daniyalatippa, Yanam, Pondecherry. ..... PETITIONERS AND 1 The Central Bank of India, Samalkot Branch, Main Road, Samalkot, rep. by its Branch Manager. 2 Authorized Officer, the Central Bank of India, Samalkot Branch, Main Road, Samalkot. 3 The Debt Recovery Tribunal, Visakhapatnam Bench, rep. by its Registrar. .....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 to issue appropriate writ, order or direction more particularly one in the nature of writ of mandamus / certiorari directing 3rd respondent to hear and decide O.A.No.158 of 2004 filed by the 1st respondent, S.A.No.92 of 2005 and C.C.No.3 of 2008 filed by the petitioners on the file of the 3rd respondent together and pass appropriate orders as the issues involved in all the cases are inter connected and further declare order or the 3rd respondent dated 30.10.2008 in dismissing I.A.No.774 of 2008 made in I.A.No.748 of 2008 in S.A.No.92 of 2005 without considering the application filed for stay of auction as arbitrary, illegal, colourable exercise of power, violative of principles of natural justice, contrary to procedure contemplated under the Recovery of Debts Due to banks and Financial Institutions Act 1993, violative of the Fundamental Rights guaranteed to the petitioners under Article 14, 19 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents 1 and 2 not to proceed with the sale of the secured assets of the petitioners and pass Counsel for the Petitioner:MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: MR.CH.SIVA REDDY The Court made the following: Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.24332 of 2008 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) At the hearing, the learned counsel for the petitioners seeks permission of this Court to withdraw the present writ petition on the ground that the matter has been settled out of the Court. The request of the learned counsel for the petitioners is conceded and the Writ Petition is, therefore, dismissed as withdrawn. No order as to costs. _____________________ V.ESWARAIAH,J ____________________________ SANJAY KUMAR,J Dated: 06.04.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Central Bank of India, Samalkot Branch, Main Road, Samalkot, rep. by its Branch Manager. 2 Authorized Officer, the Central Bank of India, Samalkot Branch, Main Road, Samalkot. 3 The Debt Recovery Tribunal, Visakhapatnam Bench, rep. by its Registrar. 4 2. 2CCs to 5. 2CD copies