IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 3978 of 2009 BETWEEN: Sri Peela Gangadhar S/o. Late P.A.V.V. Satyanarayana Near Sankara Theatre, Goverapalem Anakapalli, Vizag District. ... PETITIONER AND 1 The Vysya Bank Limited Aripaka Branch, Visakhapatnam District,, A.P. Rep. by its Senior Officer, Regional Office, Vizag Sri B. Rama Rao S/o. Dr. B. Kameshwar Rao, 43 yrs, R/o. A3, Seashell Enclave, Waltair Uplands, Visakhapatnam. 2 Smt. Peela Aruna Devi W/o. Pothi Nakidu Near Sankara Theatre, Goverapalem Anakapalli, Vizag District. 3 Smt,. P. Appayamma W/o. Sri Ramulu Naidu, R/o. 101-9-1, Neyyala Veedhi, Ward No.11 Anakapalli, Vizag District. 4 Late P.A.V.V. Satyanarayana S/o. Pothi Nakidu Near Sankara Theatre, Goverapalem Anakapalli, Vizag District. 5 Smt. V. Kannayamma W/o. Adinarayana Kanakamahalaxmi Veedhi, Kasimkota, Anakapalli, Vizag District. 6 P.V.S.J. Mohan Rao S/o. Sri Ramulu Naidu Peela Pothi Naidu Veedhi,, Goverapalem Anakapalli, Vizag District. 7 P. Pothi Naidu S/o. P.A.V.V. Satyanarayana Near Sankara Theatre, Goverapalem Anakapalli, Vizag District. 8 K. Poli Naidu S/o. Sanyasi Naidu Goverapalem Anakapalli, Vizag District. 9 K. Gopi Krishna S/o. Sanyasi Naidu Goverapalem Anakapalli, Vizag District. 10 K. Chinna Appala Naidu S/o. Sanyasi Naidu Goverapalem Anakapalli, Vizag District. 11 P. Chandrasekhar S/o. Late P.A.V.V. Satyanarayana, Near Sankara Theatre, Goverapalem Anakapalli, Visakhapatnam District. 12 Smt. K. Lakshmi W/o. Poli Naidu, Goverapalem Anakapalli, Visakhapatnam District. 13 K. Padma W/o. China Appala Naidu, Goverapalem Anakapalli, Visakhapatnam District. 14 K. Jagannadha Rao So. Jagga Rao Goverapalem Anakapalli, Visakhapatnam District. 15 Smt. Pilla Swarajya Laxmi W/o. Late Pilla Narayana Rao Pathrudu C/o. Majji Raji Patrudu, Tammini Kanakamma Veedhi Opp. Jayanthi weets Manufacturing Unit, Chittinagar, Vijayawada 16 The Union of India, Rep. by its Income Tax Officer Ward I, Visakhapatnam, 11th Floor, LIC Building, Near Ambedkar Statue, Dabagardens, Visakhapatnam District. 17 The State of Andhra Pradesh, Rep. by its Superintendent of Police, C.I.D. (Circars), D.No. 39-33-18, VUDA Colony, Madhavadhara, Visakhapatnam District. 18 M. Poornima W/o. Nageswara Rao, age not known to these petitioners Sigireddy Ramaswamy Temple Street, Goverapeta Narasimpatnam, Visakhapatnam District. 19 M. Lakshmi Durgabhai W/o. M.S.S Prasada Rao age not known to these petitioners V.A.O. Pisinigada, Lothuva Post, Anankapalli. Visakhapatnam District. 20 K. Vijayalakshmi W/o. K. Appala Naidu age not known to these Petitioners, Nidom Doddi, Anankapalli. Visakhapatnam District. (2,4,5,8 to 15, 18 to 20 Respondents are made Proforma parties and they are not necessary in this W.P.) ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or orders or directions particularly in the nature of writ of Mandamus transfer the O.A.No. 812/2002 from the Debt Recovery Tribunal, at Visakhapatnam to any Debt Recovery Tribunal either to Hyderabad or Bangalore to meet the ends of the justice and consequently direct the transfer Tribunal to conduct the fresh cross-examination by recording depositions of the petitioner or else he will be put to great hardship and irreparable loss which cannot be compensated by any means, in the interest of justice and pass such other order or orders. Counsel for the Petitioner: MR.M.V.RAJA RAAM Counsel for the Respondents: The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) Learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with a liberty to the petitioner to approach the Debts Recovery Tribunal, Visakhapatnam, to file an application to rectify the depositions alleged to have been wrongly recorded. 2. Permission is accorded. The writ petition accordingly stands dismissed as withdrawn with the aforesaid liberty. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J February 27, 2009 DSK