IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (SPECIAL ORIGINAL JURISDICTION) TUESDAY THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND FOUR : PRESENT : THE HON’BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE AND THE HON’BLE MS.JUSTICE G.ROHINI W.P. No. 5400 of 2004 Between: 1. M/s. Bhargavi Enterprises, Prop: Sri Challa Bolla Reddy S/o Venkata Reddy. R/o Nallapadu Village, Guntur Rural Mandal, Guntur District 2. SriChalla Bolla Reddy S/o Venkata Reddy, R/o Nallapadu Village, Guntur Rural Mandal, and District 3. Sri Challa Veera Reddy, S/o Venkata Reddy, R/o Nallapadu, Guntur District 4. Challa Venkata Ravamma, W/o Sri Venkata Reddy. R/oNallapadu, Guntur District 5. Smt. Challa Samrajyam, W/o Bolla Reddy, R/o Nallapadu, Guntur District Petitioners AND 1. Union of India, Rep. by its Secretary, Ministry of Law, Shastry Bhavan, R.P.Road, New Delhi 2. Vijaya Bank, Arundalpet Guntur 2 rep.by its manager 3. Vijaya Bank, Arundalpet, Guntur 2, rep. by its Authorised Officer 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 issue a writ of mandamus or any other appropriate writ, order or direction, striking down the securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and also striking down the provisions of Sections 13,15 and 34 of the said Act and set aside the Notice dated 16-9-2002 ;issued by the 2nd and 3rd respondents and consequently set aside the possession Notices dated 13-1- 2004 and 12-3-2004 issued by the 2nd and 3rd respondents, published in Eenadu, Guntur edition dated 20-2-2004 and 18-3-2004 respectively . The petition coming on for orders as to admission, upon perusing the petition and the affidavit filed therein and upon hearing the arguments of MR. N.Subba Rao, Advocate for the petitioner and Mr.T.Suryakaran Reddy SC for CG for the respondentNO.1 and Mr.E. Madan Mohan Rao, SC for Vijaya Bank on behalf of the respondents 2 and 3. The Court made the following ORDER: “Name of standing counsel for respondent./ Bank is shown, but he is not present. Petitioner is seeking direction for delivery of house in WPMP filed along with main petition. We will give one opportunity to the respondent. Bank to oppose the application, in case it would like to do so. List on 25-3-2004.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Secretary, Ministry of Law, Union of India, Shastry Bhavan, R.P.Road, New Delhi 2. The Manager ,Vijaya Bank, Arundalpet Guntur 2 3. The Authorised Officer, Vijaya Bank, Arundalpet, Guntur 2, (R1 to R3 BY RPAD) 4. One Spare Copy YVN HIGH COURT HCJ & RGJ DATED: 24-3-2004 NOTE: POST ON 25-3-2004 ORDER W.P.NO. 5400 OF 2004 DIRECTION