I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE k AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6128 OF 2025 Between: 1. Chintapalli Anatha Lakshmi, W/o. Nageswara Rao, Aged 35 years R/o.D.No.2-95, Main Road, Ravikampadu Kamavarapukota Mandal, Eluru (Erstwhile West Godavari) District. 2. Chintapalli Nageswara Rao, W/o. Satyanarayana, Aged 40 years, R/o.D.No.2-95, Main Road, Ravikampadu Kamavarapukota Mandal Eluru (Erstwhile West Godavari) District. ...PETITIONER’S AND 1. Union Bank of India, rep. by its Authorized Officer and Chief Manager, Asset Recovery Branch, p.No.9-15-1/1 Venkata Ramana Shopping Complex, Near Laxmi Narayana Theatre, Tadepalligudem, Eluru (erstwhile West Godavari) District. 2. Union Bank of India, Kovvur Road Branch, Jangareddygudem, Rep. by its Branch Manager, Jangareddygudem, Eluru (erstwhile West Godavari) District. ^ ...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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents Bank in initiating proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 and in contemplating to take physical possession of the Immovable Property/Secured Asset i.e.. Residential RCC Building situated in an extent of 348.52 Sq.Yards covered by plot numbers 15 and 16, with assessment numbers 1142016255 1142016256, nearest Door Number 8-3-100/1, RS No.591/2 and 593, Ward and No. 7, Perampeta and Pangidigudem Road, Jangareddigudem, Eluru (Erstwhile West Godavari) District, through an Advocate Commissioner appointed by the Hon'ble Chief Judicial Magistrate cum Principal Civil Judge (Senior Division) Eluru in erl.M.P.No.602/2024, in respect of Loan Account No. 613506650000107, as illegal, irregular, irrational and violation of the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 besides Principles of Natural Justice and to consequently direct the bank to consider the petitioners request for payment of the balance amount by granting considerable time. violation of respondents due 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 in pursuance of the orders in Crl.M.P.No.602/2024 on the file of Chief Judicial Magistrate cum Principal Civil Judge (Senior Division) Eluru and notice dated: 21/02/2025 issued by the Advocate Commissioner physical possession of the Immovable Property/Secured Residential RCC Building situated in an extent of 348.52 Sq.Yards covered by plot numbers 15 and 16, with to take Asset i.e.. assessment numbers 1142016255 & 1142016256. nearest Door Number 8-3-100/1, RS No.591/2 No. 7, Perampeta and Pangidigudem Road, Jangareddigudem (Erstwhile West Godavari) District, in respect of Loan Account Nos. 613506650000107 of the 2"'^ Respondent bank, during the pendency this writ petition, in the interest of justice. and 593, Ward Eluru of Counsel for the PetitioneriSRI. K JYOTHI PRASAD Counsel for the Respondent No’s. 1 & 2: M/S V DYUMANI, SC FOR UBI The Court made the following ORDER: Bench Sr.No:-4 [3483] APHC010121932025 H\GH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 6128 of 2025 ...Petitioner(s) Chintapalli Anantha Lakshmi and Others Vs. ...Respondent(s) Union Bank Of India and Others ********** Mr. K. Jyothi Prasad Advocate for Petitioners: Advocate for Respondent; CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI ; H**’ March 2025 DATE per nHIRAJ SINf^H THAKUR. CJ: and Reconstruction of Financial Interest Act, 2002 (hereinafter referred to . An S.A. has already Tribunal, Visakhapatnam, on which no Proceedings under the Securitization Assets and Enforcement of Security as “the been filed before the Debts Recovery orders have been passed yet finally. Act”) have been initiated against the petitioners of the respondent Bank in getting through the learned Chief Judicial In the interregnum, against the action Advocate Commissioner appointed 2. an 2 HCJ a RC, J W.p. No:61J8of 2025 Magistrate, Eluru, another I.A. No.633 of 2025 was filed in the S.A. which has been dismissed by virtue of the order, dated 05.03.2025. 3. Since there is a remedy of appeal available to the petitioners before the Debts Recovery Appellate Tribunal, status quo shall be maintained in regard to the possession of the petitioners as on date for a period of two weeks with a view to enable the petitioners to avail the remedy of appeal. 4. The Writ Petition is, accordingly, disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. SD/- K SRINIVASA RAJU assistant registrar <^EC-^§r7oFFICER //TRUE COPY// To, 1. The Authorized Officer and Chief Manager, Union Bank of India Asset Recovery Branch, D.No.9-15-1/1 Venkata Ramana Shopping Complex, Near Laxmi Narayana Theatre, Tadepalligudem, Eluru (erstwhile West Godavari) District. 2. The Branch Manager, Union Bank of India Kovvur Road Branch, Jangareddygudem, Jangareddygudem, Eluru (erstwhile West Godavari) District. 3. One CC to SRI. K JYOTHI PRASAD, Advocate [OPUC] 4. One CC to M/S V DYUMANI, SC FOR UBI [OPUC] 5. Three CD Copies PRK HIGH COURT DATED:11/03/2025 ORDER WP.No.6128 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS