APHC010404122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 20572/2024 Between: 1. CENTRAL BANK OF INDIA, SAMV BRANCH, REP. BY ITS CHIEF MANAGER, 1ST FLOOR, CENTRAL BANK OF INDIA, BANK STREET, KOTI, HYDERABAD. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, COMMERCIAL TAXES DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. DEPUTY COMMERCIAL TAX OFFICER II, O/O. THE COMMERCIAL TAX OFFICER, KAVALI, SPSR NELLORE DISTRICT, ANDHRA PRADESH STATE. 3. M/S SRI RAJARAJESWARI RAW AND BOILED RICE MILL, REPRESENTED BY ITS MANAGING PARTNER, SRI K. PRASANNA KUMAR REDDY, 309/1 B, PENUBALLI VILLAGE, BUCHIREDDIPALEM MANDAL, SPSR NELLORE DISTRICT - 524 305. 4. K PRASANNA KUMAR REDDY, S/O. K. PADMANABHA REDDY, AGED ABOUT 56 YEARS. OCC MANAGING PARTNER OF M/S. SRI RAJARAJESWARI RAW AND BOILED RICE MILL, R/O. D.N0.16- 3-593-A, 2ND STREET, RAMA MURTHY NAGAR, NELLORE-524 002, SPSRNELLORE DISTRICT, ANDHRA PRADESH. 2 RRR,J & TCDS,J W.P.No.20572 of 2024 5. SMT K PRATIMA, W/O. K. PRASANNA KUMAR REDDY, AGED ABOUT 48 YEARS, R/O. D.N0.16-3-593-A, 2ND STREET, RAMA MURTHY NAGAR, NELLORE 524 002, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 6. K PADMANABHA REDDY, S/O. K. BALARAMI REDDY, R/O. D.N0.16- 3-593-A, 2ND STREET, RAMA MURTHY NAGAR, NELLORE - 524 002, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ or order or direction, more preferably in the nature of Writ of Mandamus, declaring the action of Respondent No. 2 in issuing impugned Form - 5 Notice of Attachment dated 20.05.2023 consequently Form-VI (Notice of Assumption) dated 19.07.2023 including RC No.7/2020/A4 dated 18.06.2024 in pursuance of Form No.-4 Demand Prior to Attachment of Land against the Mortgaged Properties of the Petitioner Bank is against the provisions of Sec. 26-E of the SARFAESI Act, 2002 and Sec. 31-B of the R D B Act, 1993 and consequently set aside the impugned Form - 5 Notice of Attachment dated 20.05.2023 and Form-VI (Notice of Assumption) dated 19.07.2023 including RC NO.7/2020/A4 dated 18.06.2024 Notice of Sale of Land issued by the Respondent No. 2 herein for recovery of arrears of taxes, are liable to be set aside in the interest ofjustice and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedings under RC No.7/2020/A4 dated 18.06.2024 Notice of Sale of Land to be held on 17.09.2024 in pursuance of the impugned Form - 5 Notice of Attachment dated 20.05.2023 in the interest of justice and pass Counsel for the Petitioner: 1. N DHANANJAY CHAVAN Counsel for the Respondent(S): 1. GP FOR COMMERCIAL TAX 3 RRR,J & TCDS,J W.P.No.20572 of 2024 The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) Sri N. Dhananjay Chavan, the learned counsel appearing for the petitioner seeks leave to withdraw the present Writ Petition. 2. Accordingly, this Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. ________________________ R. RAGHUNANDAN RAO, J __________________ T. C. D. SEKHAR, J Date:15.04.2026 KPV 4 RRR,J & TCDS,J W.P.No.20572 of 2024 100 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION No:20572 of 2024 (per Hon’ble Sri Justice R. Raghunandan Rao) 15.04.2026 KPV