Edupuganti Aruna Kumari v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE MS. JUSTICE J. UMA DEVI W.P.No.15989 of 2018 Date: 30-04-2018 Between:

Edupuganti Aruna Kumari, W/o E.U. Rama Rao, Aged 55 years, Occ: House wife, R/o 3-296/A/C, Kodad Town & Mandal, Khammam Cross Road, Suryapeta District, Telangana ... Petitioner And The State of Telangana, represented by its Chief Secretary, Secretariat, Hyderabad and 3 others.

... Respondents Counsel for the Petitioner : Ms. Rubaina S. Khatoon Counsel for Respondents : Mr. B.S. Prasad, standing counsel

VRS, J & JUD, J W.P.No.15989 of 2018 HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE MS. JUSTICE J. UMA DEVI Writ Petition No.15989 of 2018 ORDER: (per V. Ramasubramanian,J) Challenging an auction notice issued on 28-03-2018, the petitioner, who is the guarantor, has come up with the above writ petition.

2. Heard Sri G.R. Sudhakar, learned counsel for the petitioner.

3. The petitioner has an effective alternative remedy of appeal to the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, 2002. The Supreme Court had indicated in The Authorized Officer, State Bank of Travancore v. Mathew K.C. (Civil Appeal No. 1281 of 2018 arising out of SLP (C) No.24610 of 2015) that alternative remedy cannot be bypassed as a matter of routine.

4. Therefore, leaving it open to the petitioner to approach the Debts Recovery Tribunal, the writ petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

________________________ V. RAMASUBRAMANIAN, J _____________ J. UMA DEVI, J Date: 30-04-2018 Ksn