IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 5902 OF 2Q2fi Between: Kosuru Phaneendra Kumar, S/o. Late Appa Rao, Aged about 43 Business, R/o.D.No.7-44-82/2, Jogavari Veedhi, Tagarapuvalasa Bheemunipatnam Mandal,Visakhapatnam District. years, Occ; Village, ...PETITIONERS AND 1. State Bank Of India, represented by its Authorized Officer, Chittivalasa Branch Main Road, 0pp.Tata Theatre,Tagarapuvalasa Village Bheemunipatnam Mandal,Visakhapatnam District.-531162 2. Mr.Nagendra Babu, S/o.not known to the Petitioner, Advocate Commissioner, C/o.Chief Metropolitan Magistrate Visakhapatnam. Aged major. Court, ...RESPONDENTS Petition under Article 226 Of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 2 Respondent Advocate Commissioner i 28.02.2025 for CrI.M.P.No.220/2024 Magistrate Court at Visakhapatnam nd issuing the Notice dated commission issued in on the file of the Hon’ble Chief Metropolitan as illegal, bad in law, arbitrary, against in execution of warrant of principles of natural justice and opposed to public policy and violative of articles of Constitution of India, and consequently set-aside the same. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further proceedings pursuant to the Notice dated 28.02.2025 issued by the 2'’'^ Respondent herein for execution of warrant of commission issued in Crl.M.P.No.220 2024 on the file of the Hon’ble Chief Metropolitan Magistrate Court at Visakhapatnam, pending disposal of the SA No.590/2024 on the file of the Hon’ble Debts Recovery Tribunal, Visakhapatnam. Counsel for the Petitioner :SRI. V CH NAIDU Counsel for the Respondents: SRI K B RAMANNA DORA Counsel for the Respondents: SRI CHALLA SRINIVAS The Court made the following ORDER: ! APHC010117952025 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-6 [3483] AT AMARAVATI WRIT PETITION NO: 5902 of 2025 Kosuru Phaneendra Kumar ...Petitioner Vs. State Bank of India and another ...Respondents ********** Advocate for Petitioner Advocate for Respondents Sri V. Ch. Naidu Sri K. B. Ramanna Dora, Sri Challa Srinivas. CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 10th March 2025 DATE PC : The petitioner’s case is that although Securitization Application bearing S.A.No.590 of 2024 was filed before the Debts Recovery Tribunal, Visakhapatnam along with an interlocutory application seeking stay vide I.A,No.3474 of 2024 on 30.10.2024 interlocutory application. no orders have been passed on the In the meantime, it is stated that an Advocate Commissioner has been appointed, who, by virtue of notice dated 28.02.2025, has threatened to take possession of the secured asset. 2. It is stated that in case the petitioner loses the possession, the S.A. pending before the D.R.T. would be rendered academic. 2 Be that as it may, the Writ Petition is disposed of with a direction to the D.R.T. to dispose of I.A.No.3474 of 2024 in S.A.No.590 of 2024 within three (3) weeks from today. Till then, status quo be maintained with regard to the possession of the petitioner. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. 3. Sd/- U SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Debts Recovery Tribunal at Visakhapatnam The Authorized Officer, State Bank of India, Chittivalasa Branch, Main Road, 0pp.Tata Theatre,Tagarapuvalasa Village, Bheemunipatnam Mandal,Visakhapatnam District.-531162 One CC to SRI. V CH NAIDU, Advocate [OPUC] One CC to SRI K B RAMANNA DORA, Advocate [OPUC] One CC to SRI CHALLA SRINIVAS, Advocate [OPUC] Three CD Copies 2. 3. 4. 5. 6. PRK /«>• HIGH COURT DATED:10/03/2025 ORDER WP.No.5902 of 2025 2 8 MAR 2025 gll . Current Section t^SPATCV^^*^ DISPOSING OF THE W.P. WITHOUT COSTS