Pappu Mohan, v. The Andhra Bank,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G.SHYAM PRASAD WRIT PETITION No.25378 of 2016 29.07.2016 Between:

Pappu Mohan ..Petitioner And The Andhra Bank, Guntur and another ..Respondents Counsel for the petitioner: Mr.Kowturu Pavan Kumar Counsel for respondent No.1: Mr.V.Raghu Counsel for respondent No.2: -- The Court made the following:

ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for a mandamus to set aside the possession notice, dated 16.04.2016, in respect of item No.(j) of the schedule of the notice and the consequential notice, dated 14.07.2016, issued by respondent No.1 in respect of the said property i.e., flat No.102, D.No.20/B (D.No.5-92-52/A), 1st floor, Gayatri Residency, Devapuram, Guntur, belonging to the petitioner along with undivided land admeasuring 40 sq.yds. and consequently, to direct respondent No.1 not to proceed against the petitioner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act').

2. After arguing the case, Mr.Kowturu Pavan Kumar, learned counsel for the petitioner, has requested for permission of the Court to withdraw the writ petition, with liberty to his client to avail the remedy under Section 17 of the SARFAESI Act.

3. Accordingly, the Writ Petition is dismissed as withdrawn with liberty to the petitioner in terms of the prayer made.

4. As a sequel to dismissal of the writ petition, W.P.M.P.No.31324 of 2016 filed by the petitioner for interim relief shall stand dismissed as infructuous.

___________________________ C.V.NAGARJUNA REDDY, J _______________________ G.SHYAM PRASAD, J 29th July, 2016 GHN