IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 5545 of 2008 Between: 1 M/s. Sri Balaji Food Products Rep.by its Proprietor Sri Mahankali Venkata Nagesh Kumar S/o.Sitaramanjaneyulu R/o.No.7-491 Torraguntapalem Jaggaiahpet (M) Krishna Dist 2 Mahankali Venkata Nagesh Kumar S/o.Sitaramanjaneyulu R/o.No.7-491 Torraguntapalem Jaggaiahpet(M) Krishna Dist ..... PETITIONERS AND The Authorized Officer State Bank Of Hyderabad Regional Office Patamata Lanka Vijayawada .....RESPONDENT Counsel for the Petitioner: MR.MEHERCHAND NORI Counsel for the Respondent: MR.P.A.V.BALAPRASAD The Court made the following : Order: This Writ Petition is filed for the following substantive relief: ‘I pray the Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondent Bank in proceeding with sale of the secured asset i.e., the Rice Mill site and building, plant and machinery located in Ac.0-75 cents of Land bearing door No.7-491, Torraguntpalem, Jaggaiahpet, Krishna District belonging to the Petitioners while the Securitization Application No.96/2007 on the file of the Debts Recovery Tribunal, Visakhapatnam, is pending and also the sale proclamation made by the Bank in Eenadu, Krishna District Edition dated 09-03-2008, is illegal, high handed, arbitrary and against to the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the rules made thereunder and consequentially to set aside the said action including the Proclamation of Sale made in Eenadu, Krishna Edition on 09-03-2008 and to pass such other relief or reliefs which this Hon’ble Court deems just and proper in the circumstances of the case.’ Sri Meharchand Nori, learned Counsel for the petitioner, sought for permission of the Court for withdrawal of the Writ Petition. The request of the learned Counsel for the petitioner is accepted. The Writ Petition is, accordingly, dismissed as withdrawn. As a sequel to dismissal of the Writ Petition, interim order dated 14-03-2008 is vacated and WPMP.No.7194 of 2008 filed by the petitioner for interim relief is dismissed. _____________________ (C.V.NAGARJUNA REDDY, J) 14th May, 2008 Note: Furnish CC by tomorrow. B/o LUR