IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO :3682 of 2007 Between:
Smt.U.V.Ramani & 2 others.
. PETITIONERs AND 1.The State Bank of India & 2 others.
. RESPONDENTS The Court made the following :
THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 3682 of 2007
ORDER: (Per the Hon’ble Sri Justice Nooty Ramamohana Rao)
The writ petitioners assert that the lands in question are agricultural lands, which fact has been stoutly disputed by the respondent-Bank. Therefore, there is a controversy as to whether the lands in question are agricultural lands at all or not.
The learned counsel for the petitioners prefers to avail the remedy available to him under section 17 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and if the writ petitioners avail such a remedy within 30 days from today, the same be entertained without reference to the plea of limitation and the matter be decided on its own merits.
This option has been exercised in view of the judgment of the Apex Court reported in MARDIA CHEMICALS LTD. VS. UNION OF INDIA AND OTHERS[1] upholding the validity of the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Act and not particular section 13 thereof.
Granting liberty as prayed for, this writ petition is dismissed. No costs.
Justice Ghulam Mohammed Justice Nooty Ramamohana Rao Dated: 18.8.2009 Gurc.
THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION NO : 3682 of 2007
(Order of the Division Bench delivered by the Hon’ble Sri Justice Nooty Ramamohana Rao)
18.08.2009
[1] (2004) 4 SCC 311