Telangana High Court
WP/24975/2004 of G. Rama Rao, Vs The General Manager, (Operations), on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE and HON'BLE SRI JUSTICE M.NARAYANA REDDY WRIT PETITION NO.24975 of 2004 Between: G. Rama Rao, S/o.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE
and HON'BLE SRI JUSTICE M.NARAYANA REDDY
WRIT PETITION NO.24975 of 2004
Between:
G. Rama Rao, S/o. Late Hanumantharao,R/o. 2-3-35/A/2, Shankarnagar Colony, Amberpet, Hyderbad.
AND
..... PETITIONER
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1. The General Manager, (Operations), State Bank Of Hyderabad, Head Office, Gunfoundry, Hyderabad.
2. The Regional Manager, State Bank Of Hyderabad, Region-I
Varakantham Complex, Kachiguda X Road, Hyderabad.
3. The Authorised Officer, State Bank Of Hyderabad, Ramnagar Branch, Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ, Order or direction more particularly one in the nature of a Writ of Mandamus to declare, (i) the action of the 3rd respondent in issuing the impugnedorder Notice under Section 13(2) of the Securitisation and Reconstruction ofFinancial Assets an Enforcement of Security Interest Ordinance 2002 is null andvoid or set aside the same. ii) Deductions made by the 2nd respondent from thecontribution of P.F. is irregular and not as per the regulations of terms loan grantedfor house construction and consequently set aside the same and the 2nd respondentmay be directed to adjust the P.F. Balance at the petitioners credit of Rs.2,81,763/-to housing loan entirely and recast the housing loan dues. iii) Non granting ofreasonable time by the 3rd respondent is irregular, illegal and the 3rd respondentmay be directed to grant time upto March 2006 for the repayment of balance ofhousing loan.
Counsel for the Petitioner : MR. P.V.VENKATESWARA RAOCounsel for the Respondents : Standing Counsel for S.B.H.
The Court made the following :
W.P.No.24975 of 2004
HCJ & MNR,J
ORDER: (Per Hon’ble the Chief Justice)
In case the petitioner is aggrieved by any action of the respondents invoking theprovisions of Securitisation and Reconstruction of Financial Assets andEnforcement of Security Interest Act, 2002, he has to avail of the remedy ofpreferring an appeal. Writ Petition is not maintainable. With leave and libertyreserved to the petitioner to avail the remedy of appeal under the provisions of thesaid Act, the writ petition is dismissed.
________________________
DEVINDER GUPTA, C.J.
________________________M.NARAYANA REDDY,J
31-12-2004
bsc
// TRUE COPY //
..... REGISTRAR
SECTION OFFICER
To
1. The General Manager, (Operations), State Bank Of Hyderabad, Head Office, Gunfoundry, Hyderabad.
2. The Regional Manager, State Bank Of Hyderabad, Region-I
Varakantham Complex, Kachiguda X Road, Hyderabad.
3. The Authorised Officer, State Bank Of Hyderabad, Ramnagar Branch, Hyderabad. Ramnagar Branch, Hyderabad.
4. 2CD copies
Form-NIC-OGS/WP{SPJS}