IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 25545 of 2008 Between: 1 J. Durga Prasad Rao S/o. J.S. Joshi R/o. No.11-1-434 to 436, Plot No. 1451, Mailargadda, Seethapalmandai, Secunderabad. 2 Mrs. J. Vidya W/o. J. Durga Prasad Rao R/o. No.11-1-434 to 436, Plot No. 1451, Mailargadda, Seethapalmandai, Secunderabad. (Both are Joint Family) ..... PETITIONER(S) AND 1 M/s. HDFC Bank Ltd. Rep. by its Authorized Officer III Floor, 5-4-94 to 97, Lala - 1, Lank Mark, M.G. Road, Opp. Ranigunj Bus Stop, Secunderabad. 2 The Authorized Signatory Retail Asset Collections, HDFC Bank Ltd. 4th Floor, Titanic Bldg., 26-A, Narayan Properties, Off Saki Vihar Road, Saki Naka, Chandivili, Andheri (E), Mumbai - 400 072. .....RESPONDENT(S) 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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in proceeding with the dispossession of the petitioners from their residential property bearing Municipal No.11-1-434 to 436, Plot No.1451, Mailargadda, Seethapalmandi, Secunderabad, in pursuance of the Notice dt.11-09-2008 purported to have been issued by respondents under Section 13 (2) of the SARFAESI Act and sale of the said property without considering the objections dt.06-11-2008 raised by the petitioners under Section 13 (3A) of the Act and without following due procedure as prescribed by the Act, as illegal, arbitrary and violative of Article 14, 19 (g), 21 and 300-A of Constitution of India, besides violative of the provisions of the SARFAESI Act and also the Rules of natural justice and consequently direct the respondents not to dispossess the petitioners from their residential house without following due procedure contemplated under SARFAESI Act, in the interest of Justice. Counsel for the Petitioner:MR.P.SHIV KUMAR Counsel for the Respondent No.: MR.A.VGOPALA RAO The Court made the following : ORDER: (Per Sri V.Eswaraiah, J.) The learned counsel for the petitioners seeks permission to withdraw the writ petition. Permission is accorded. The writ petition is accordingly dismissed as withdrawn with liberty to the petitioners to avail remedies available under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. No order as to costs. The interim order granted earlier stands vacated. ______________ V.ESWARAIAH, J. ________________ SANJAY KUMAR, J. 31.3.2009 kpr