Telangana High Court
WP/6795/2003 of A RADDAIAH AND OTHERS Vs UNION OF INDIA SECY MINISTRY OF LAW on 31 December 2004
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, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE M.NARAYANA REDDY WRIT PETITION NO.6795 of 2003 Between: 1. A.Reddaiah 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, THE CHIEF JUSTICE
and
HON'BLE SRI JUSTICE M.NARAYANA REDDY
WRIT PETITION NO.6795 of 2003
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1. A.Reddaiah S/o. A.Narayana
aged 34 years
R/o. H No. 8-2-686/A/10
Road No. 12, Banjara Hills, Hyderabad
2. Y.Rajeev Reddy S/o. Y.Chinnappa Reddy aged 47 years R/o. Plot No. 15, Nandigiri Hills, Jubilee Hills, Hyderabad
3. Y.Chinnappa Reddy S/o. Y.S. Pedda Konda Reddy aged 75 years R/o. Plot No. 13, Nandigiri Hills, Jubilee Hills, Hyderabad
4. Shourilamma W/o. late Dr K.L.Reddy aged about 75 years R/o. Plot No. 14 , Nandigiri Hills, Jubilee Hills, Hyderabad Presently residing at USA represented through her GPA holder Y.Rajeev Reddy (2[nd] petitioner)
AND
..... PETITIONERS
1. Union of India,
represented by its Secretary,Ministry of Law, Shastri Bhavan,R.P.Road, New Delhi
2. The Prudential Cooperative Bank Limited having its Registered office at 8-1-381R.P.Road, Secunderabad, Rep by its Authorised Officer/Assistant General Manager
...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 of mandamus or any other writ or writs, order or direction, declaring TheSecuritisation & Reconstruction of Financial Assets and Enforcement of SecurityInterest Act, 2002, more particularly sections 13, 15 & 34 thereof, as beingunconstitutional, illegal, arbitrary and violative of Article 14 , 19 (1)(g) and 300-A ofthe Constitution of India and consequently quash the notice dated 22-3-2003 issuedin Ref.No.PCB/RP/AR/ESI/87/G4/02-03 on the file of the 2[nd] respondent; awardcosts and pass such other or further orders as are deemed fit and proper in thecircumstances of the case.
Counsel for the Petitioners :MR.K.RAGHUVEER REDDY
Counsel for the Respondent No.2 : Mr.S.ASHOK ANAND KUMAR
Counsel for the Respondent No.1: Mr. A.Rajasekhara Reddy, Standing Counsel for Central Govt.
The Court made the following :
ORDER: (Per Hon’ble the Chief Justice)
W.P.No.6795 of 2003
HCJ, & MNR,J
In view of the decision rendered by the Hon’ble Supreme Court in Transfer Case(Civil) No. 92-95 of 2002, dated 8[th] April, 2004 (MARDIA CHEMICALS LTD v.UNION OF INDIA AND OTHERS), challenge to the provisions of the Securitisationand Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002, is not tenable and for that reason, relief prayed for cannot be granted.
The writ petition, therefore, is dismissed.
________________________
DEVINDER GUPTA, C.J.
_________________________
M.NARAYANA REDDY, J
31-12-2004
bsc
To
1. The Secretary,
Union of India,Ministry of Law, Shastri Bhavan,R.P.Road, New Delhi
2. The Authorised Officer/Assistant General ManagerThe Prudential Cooperative Bank Limitedhaving its Registered office at 8-1-381R.P.Road, Secunderabad,3. 2 CD copies SECTION OFFICER