Telangana High Court
WP/23991/2004 of Anna Udayabhaskar Vs The Zonal Manager, Andhra Bank, Koritapadu, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE M.NARAYANA REDDY WRIT PETITION NO : 23991 of 2004 Between: 1
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE
and
THE HON'BLE MR JUSTICE M.NARAYANA REDDY
WRIT PETITION NO : 23991 of 2004
Between:
1 Anna Udayabhaskar S/o.Anna Kotaiah
R/o.H.No.22-6-29, Tunuguntlavari Street, Lalapet, Guntur.
2 Smt.Anna Sudha Rani W/o. Anna Udayabhaskar, R/o.H.No.22-6-29, Tunuguntlavari Street, Lalapet, Guntur.
AND
..... PETITIONER(S)
1 The Zonal Manager, Andhra Bank, Koritapadu, Zonal Oflfice, Guntur.
2 The Branch Manager, Andhra Bank, Kothapet Branch, Guntur, rep.
by its Manager.
.....RESPONDENT(S)
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 or order or direction more particularly one in the nature of writ ofmandamus declaring the possession notice issued by respondent No.1 dated 6-12-2004 under Section 13 (4) of Securitisation Act 2002 as illegal, arbitrary,unconstitutional and contrary to the provisions of the Act 2 of 2002 and consequentlydeclare the impugned notice dated 6.12.2004 as not operative against thepetitioners as the respondents have filed O.A 156 of 2001 on the file of DebtsRecovery Tribunal for the State of Andhra Pradesh at Hyderabad and transferredand registered as O.A.No.248/02 at Vizag for recovery certificate.
Counsel for the Petitioner: MR.M.JANARDHANA RAO (Not present)
Counsel for the Respondent Nos 1 and 2: MR.NUTY RAM MOHAN RAO S.C forAndhra Bank The Court made the following :
ORAL ORDER: (per the Hon’ble the Chief Justice)
Nobody was present in the pre-lunch session on behalf of the petitioners andnobody has put in appearance even in post-lunch session. It appears that petitionersnow are no more interested in prosecuting the petition. Petition dismissed.
____________________
DEVINDER GUPTA, CJ
29-12-2004
_____________________
M.NARAYANA REDDY, J
tvr
To
1 The Zonal Manager, Andhra Bank, Koritapadu, Zonal Oflfice, Guntur.
2 The Branch Manager, Andhra Bank, Kothapet Branch, Guntur,