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2024 DAILYLAW 1891 (AP)

Manchikalapudi Srinivasa Rao v. M/s Union Bank of India,

WP/24564/2024 · 2026-06-21

A Hari Haranadha Sarma, Battu Devanand

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Judgment text

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1 Neutral Citation:__________ Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010478402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] MONDAY,THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 24564/2024 Between: 1. MANCHIKALAPUDI SRINIVASA RAO, S/O NARASIMHA RAO, AGED ABOUT 59 YEARS, SUSPENDED DIRECTOR, FLAT NO.9, BOMMARILLU APARTMENT, RAJENDRA NAGAR 5TH LINE PATTABHIPURAM, GUNTUR-522006 ...PETITIONER AND 1. M/S UNION BANK OF INDIA, REP BY ITS GENERAL MANAGER, ASSET RECOVERY BRANCH, DOOR NO.26-15-150, ANDHRA BANK BUILDING CHENGALRAOPETA, VISHAKHAPATNAM-530001-A.P. 2. VENKATA NARSINGA RAO KALVOKATA, IN THE CAPACITY OF INTERIM RESOLUTION PROFESSIONAL REG.NO. IBBI/IPA- 001/IP/P-01361/2018-19/12130) R/O. FLAT NO. 103, BALAJI VISHWAM VIHAR APARTMENT MADURA NAGAR, RAMANTHAPUR, HYDERABAD-500013, TELANGANA STATE. 2 3. NATIONAL COMPANY LAW TRIBUNAL NCLT, AMARAVATI, 2ND FLOOR, APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 4. THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT SECRETARIAT VELAGAPUDI AMRAVATI GUNTUR DISTRICT A P 5. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. 6. THE REVENUE DIVISIONAL OFFICER, GUNTUR, GUNTUR DISTRICT. 7. THE TAHSILDAR, TADIKONDA GUNTUR DISTRICT. 8. MANDAL SURVEYOR, OFFICE OF THE TAHSILDAR TADIKONDA GUNTUR DISTRICT ...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, order or direction more particularly one. in the nature of Writ of Mandamus to declare the action of the 2nd respondent in issuing memorandum Dated. 23.09.2024 without taking into custody of all properties under section 18 and 25 IBC 2016 without adding an extent of Ac.0.70 cents of property document bearing document No. 1376/2012 in the name of company and in publishing form G dated.24-08-2024, inviting Resolution applicants, and final the prospective resolution applicants (PRP) dated. 03-10-2024 as wholly, illegal, arbitrary, contrary to principle of natural justice and consequently direct the respondent No.2 to take the custody of all properties under section 18 and 25 IBC 2016 and initiate for survey to know actual possession of land of and initiate IRP proceedings as per IBC 2016. being violative of the Article 14 of constitution of India. 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 to direct the respondent No.2 to take the custody of all properties under section 18 and 25 IBC 2016 and initiate for survey to know actual possession of land of and initiate IRP proceedings as per IBC 2016 pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 3 1. PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. V DYUMANI 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO.24564 of 2024 ORDER: (Per Hon’ble Sri Justice Battu Devanand) Mr P.Mallikarjuna Rao, learned counsel for the petitioner would submit that in view of the subsequent developments happened during pendency of this Writ Petition nothing survives in this Writ Petition for further adjudication and sought to dismiss this Writ Petition as infructuous. 2. The statement of the learned counsel for the petitioner is placed on record. 3. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A.HARI HARANADHA SARMA Dated: 22.06.2026 TM 5 Whether the order is: Speaking Reasoned Reportable Non-reportable 6 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO. 24564 of 2024 Dated: 22.06.2026 TM 7