IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICE and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NOs : 19626, 19751 and 19898 of 2003 WRIT PETITION NO.19626 OF 2003 Between: 1 M/s.Datta Industries rep by its PMr.N.Raghavendra Rao & Mrs.N.Vijaya Lakshmi Devi, 25/592/1, Srinivasa Nagar, Nandyal- 518 501. 2 N. Dattatreyudu, s/o Sri N.Venkatramaiah 3 N.Raghavendra Kumar S/o. N.Dattatreyudu 25/592/1, Srinivasa Nagar, Nandyal-518 501. 4 Smt.N.Vijaya Lakshmi Devi W/o. Sri N.dattatreyudu 25/592/1, Srinivasa Nagar, Nandyal-518 501. 5 Mrs.N.Geeta Kumari W/o.N.Raghavendra Kumar. 25/592/1, Srinivasa Nagar, Nandyal-518 501. 6 G.N.Pandu Rangaiah S/o. G.Nagaiah Setty 20/84, Main Road, Gandhi Bazar, Anantapur. 7 Mrs.Mani Krupa, W/o Sri K.Rajkumar C/o G.N.Pandu Rangaiah, 20/84, Main Road, Gandhi Bazar, Anantapur. 8 G. Janardhan Gupta, S/o Sri G.N.Pandu Rangaiah, 20/84, Main Road, Gandhi Bazar, Anantapur. 9 A. Sudhakar, S/o Sri A.Sambaiah, H.No.43/6A, N.R.Pet, Kurnool-518 001. ..... PETITIONERS AND 1 The Union of India, Rep., by its Secretary, Ministry of Law, Shastri Bhawan, R.P.Road, New Delhi. 2 Mr.Y.Amarnath (Authorised Officer) M/s.Andhra Bank, Zonal Office, Bellary Road, Kurnool. .....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 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 striking down the provisions of Section 13, 15 and 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and "SET ASIDE the notice vide No.679/11/1682, dated 12-08-2003 issued by the respondent No.2 Bank and consequently stay all further proceedings pursuant to the said notice dt.12-08-2003 issued by the respondent No.2 Bank. Counsel for the Petitioners:MR.M.NAGA RAGHU Counsel for the Respondents: MR.NUTY RAM MOHAN RAO WRIT PETITION NO : 19751 of 2003 Between: 1 M/s.Bhajarang Ply Boards, rep.by its Partners, Mr.N.Raghavendra Rao & Mrs.N.Vijaya Lakshmi Devi, 25/592-1, Srinivasa Nagar,Nandyal- 518501 2 N.Dattatreyudu, S/o. Sri N.Venkatramaiah, 25/592-1, Srinivasa Nagar, Nandyal- 518501 3 N.Raghavendra Kumar, S/o. Sri N.Dattatreyudu, 25/592-1, Srinivasa Nagar, Nandyal- 518501. 4 Smt.N.Vijaya Lakshmi Devi, W/o.Sri N.Dattatreyudu, 25/592-1, Srinivasa Nagar, Nandyal- 518501 5 Mrs. N.Geeta Kumari W/o. N.Raghavendra kumar, 25/592-1, Srinivasa Nagar, Nandyal- 518501 6 G.N.Pandu Rangaiah, S/o. Sri G.Nagaiah Setty, 20/84, Main Road, Gandhi Bazar, Anantapur. 7 Mani Krupa, W/o. Sri K.Rajkumar, C/o. G.N.Pandu Rangaiah, 20/84, Maian Road, Gandhi Bazar, Anantapur 8 G.Janardhan Gupta, S/o. Sri G.N.Pandu Rangaiah, 20/84, Main Road, Gandhi Bazar, Anantapur. 9 A.Sudhakar, S/o. Sri A.Sambaiah, H.No.43/6A, N.R.Pet, Kurnool - 518001. ..... PETITIONERS AND 1 The Union of India, Rep.by its Secretary, Ministry of Law, Shastri Bhawan, R.P.Road, New Delhi. 2 Mr.Y.Amarnath (Authorised officer) M/s. Andhra Bank, Zonal office Bellary Road, Kurnool .....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 a writ of Mandamus or any other appropriate writ, order or direction, striking down the Securitisation and Reconstruction of Financial Assets and Enforecement of Security Interest Act, 2002, and striking down the provisions of section 13, 15 and 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and "set aside" the Notice vide No. 679/11/1683, dated 12-08-2003 issued by the Respondent No.2 Bank and consequently STAY all further proceedings pursuant to the said Notice DT.12-08-2003, issued by the Respondent No.2 Bank. Counsel for the Petitioners:MR.M.NAGA RAGHU Counsel for the Respondents: MR NUTY RAM MOHAN RAO WRIT PETITION NO : 19898 of 2003 Between: 1 M/s.Dattasri Agro Boards Pvt.Ltd, rep.by its Managing Director, Mr.N.Raghavendra Rao, 25/592-1, Srinivasa Nagar, Nandyal-518501. 2 N.Dattatreyudu, S/o.Sri N.Venkatramaiah 3 N.Raghavendra Kumar S/o.Sri N.Dattatreyudu 4 Smt.N.Vijaya Lakshmi Devi W/o.Sri N.Dattatreyudu 5 Mrs.N.Geeta Kumari, W/o.N.Raghavendra Kumar (Petitioners 2 to 5 are R/o 25/592-1, Srinivasa Nagar, Nandyal- 518 501) 6 G.N.Pandu Rangaiah S/o.Sri.G.Nagaiah Setty 20/84, Main road, Gandhi Bazar, Anantapur 7 Mrs.Mani Krupa, W/o.Sri K.Rajkumar C/o.G.N.Pandu Rangaiah 20/84, Main Road, Gandhi Bazar, Anantapur 8 G.Janardhan Gupta, S/o.Sri G.N.Pandu Rangaiah 20/84, Main Road, Gandhi Bazar, Anantapur 9 A.Sudhakar, S/o.Sri A.Sambaiah, H.No.43/6A, N.R.Pet, Kurnool 518 001. ..... PETITIONERS AND 1 The Union of India, rep.by its Secretary Ministry of Law, Shastri Bhavan, RP Road, New Delhi 2 Mr.Y.Amarnath, (authorised officer) M/s.Andhra Bank, Zonal Office, Bellary Road, Kurnool .....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 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 striking down the provisions of Section 13, 15 and 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and "set aside" the notice Vide No.679/11/1681, dated 12.08.2003 issued by the respondent No.2 Bank and consequently stay all further proceedings pursuant to the said notice dt.12.08.2003, issued by the respondent No.2 Bank. Counsel for the Petitioner:MR.M.NAGA RAGHU Counsel for the Respondents: MR NUTY RAM MOHAN RAO The Court made the following : COMMON ORDER (Per the Hon’ble Sri Bilal Nazki, ACJ): It is submitted by learned counsel for the petitioners that in view of the judgment of the Supreme Court reported in Mardia Chemicals Limited v. Union of India, these writ petitions do not survive. In this view of the matter, the writ petitions are dismissed accordingly. No order as to costs. __________________ (Bilal Nazki, ACJ) 22nd June, 2005 __________________ (G.Chandraiah,J) vrn To 1 The Secretary, Union of India, Ministry of Law, Shastri Bhawan, R.P.Road, New Delhi. 2 Mr.Y.Amarnath (Authorised Officer) M/s.Andhra Bank, Zonal Office, Bellary Road, Kurnool. 3 Two C.D copies.