Mota Samarpana Rao v. Andhra Bank,

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION NO.33204 OF 2017

O R D E R

(Per Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioners in this case reads as under: 'For the reasons stated in the accompanying affidavit the petitioners prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in issuing two Possession Notices both dated 13.06.2017 issued by 2nd respondent in respect of the house and site property located at Plot No.554, Old Ward No.7, New No.14, Door No.11-2-17/1, situated at Railway Station Road, Bapatla, Guntur District belongs to 3rd petitioner and Pursuant to Demand Notice dated 24.03.

2017 issued by the 2nd respondent in respect of the PAGCC (AQUA CULTURE) Loans sanctioned by 3rd respondent Bank in favor of the petitioners 1 and 2 and all further steps consequent thereto for recovery of said loans, as illegal, irregular, irrational and against principles of Natural Justice and provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to disposes the 3rd petitioner from her aforesaid property covered by such proceedings of possession notices and to pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case.'

Sri Sarath Kumar D., learned counsel for the petitioners, having argued for some time, seeks leave of this Court to withdraw the writ petition reserving liberty to the petitioners to avail alternative remedies before the appropriate forum in accordance with law. The writ petition is accordingly dismissed as withdrawn with the liberty aforestated. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ SANJAY KUMAR, J _____________________ P.KESHAVA RAO, J 19th FEBRUARY, 2018 Svv