THE HONOURABLE SRI JUSTICE A.V.SESHA SAI W.P.No.1642 of 2006 Date of Order: 24-10-2013 Between: Mrs. Nisha Prakash ..petitioner and 1. The Punjab National Bak Housing Finance Ltd. Rep. by its Manager, Saifabad, Hyderabad and others. ..Respondent/s The Court made the following Order: THE HONOURABLE SRI JUSTICE A.V.SESHA SAI W.P.No.1642 of 2006 Oral Order: This writ petition is filed seeking a writ of Mandamus to declare the action of the respondents 1 and 2 in highhandedly entering/trespassing into the premises bearing Flat Nos.403 to 406, Metropalmgrove Apartments, Somajiguda, Hyderabad and trying to break the walls intimidating the petitioner and her family members as arbitrary, illegal, whimsical, capricious and violative of Articles 14, 21 and 300-A of the Constitution of India and failure of the 3rd respondent to take appropriate action against the respondents 1 and 2 and to give protection to the petitioner and her family members and her property as arbitrary and capricious and consequently direct the 3rd respondent to take appropriate action against respondents 1 and 2 and their agents, representatives in the interest of justice. 2. This Court on 31-01-2006 granted interim order in W.P.M.P.No.1991 of 2006, directing the respondents 1 and 2 not to interfere with the peaceful possession and enjoyment of the petitioner over the subject property without following due process of law. 3. Under Section 17 of the Securitization and Reconstruction of Financial Assistance and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act”), any aggrieved person has to approach the Debts Recovery Tribunal for redressal of grievance. In view of the law laid down by the Honourable Supreme Court in the case of MARDIA CHEMICALS LTD. v. UNION OF INDIA and this Court in the case of B.T.S.ESTATE (P) LTD., VISAKHAPATNAM v. SBI, DWARAKANAGAR reported in 2009(1) ALD 780 (DB); in the case of SRIMANENI RAMESH BABU v. GOVT. OF INDIA reported in 2011 (5) ALD 464 (DB) and in the case of SESHA SAILA POWER AND ENGINEERING PVT. LTD. v. SBI, RAIPUR reported in 2012 (3) ALD 537, the writ petition is not maintainable. 4. In view of the above reasons, this writ petition is dismissed granting liberty to the petitioner to approach the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, 2002 for appropriate relief. Consequent to this order, the miscellaneous petitions pending, if any, shall stand dismissed. No costs. _______________ A.V.SESHA SAI, J. 24-10-2013 Murthy