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2025 DAILYLAW 12075 (AP)

HANUMAN CONSTRUCTIONS v. THE UNION OF INDIA

WP/7483/2025 · 2025-03-27

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 7483 OF 2025 Between: Hanuman Constructions, Rep. by its Managing Partner P. Prasad, R/o. D.No. 9-191, Flat No. 31, Padmavathi Gardens, Phase 1, Poranki Village, Penamaluru Mandal, Krishna District-521 137. Paturi Prasad, S/o. Venkateswara Rao, aged 51 years, R/o. D.No. 9- 191, Flat No 31, Padmavathi Gardens, Phase 1, Penamaluru (M) Krishna District - 521 137. 1. 2. Ms. Kondapalli Nagamani, W/o. Vijaya Mohana Rao, aged 65 years, Occ Contractor, D.No. 10-4/3, 2"'^ Floor, Salipet Bazar, Poranki Village, Penamaluru Mandal, Krishna District. 3. ...PETITIONERS^ AND The Union of India, Rep.by its secretary. Department of Financial Services, Ministry of Finance, Jeevan Deep Building Sanad Marg, New Delhi. 110001. 1. The Debt Recovery Tribunal, Rep. By its Registrar, Chitralaya- Road Near Leelamahal Road Daba Gardens Jagadamba Junction, Visakhapatnam,Andhra Pradesh. 2. 0^ 3. Union Bank of India,, Rep. by its Chairman and Managing Director, * Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai - 400 021, Maharashtra, India 4. The Authorized officer., Union Bank of India, Poranki Branch, Bandar Road, TVR Colony, Poranki, Krishna District, Vijayawada, A.P. 521137. ...RESPONDENTS 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2nd Respondent in not deciding the petitioners stay application filed in I.A. No. 1073 of 2025 in S.A. No. 173 of 2025 and the action of Respondents 3 and 4 in making attempts to dispossess the Petitioners from their secured assets i.e. residential building admeasuring 384 Sq. Yards in Sy. No. 343/1,2 with Door. Yards in Sy. No. 343/1,2 with Door. No. 10- 267, Plot No. 30 and 32 of Padmavathi gardens, Phase-1, Sailpet, Poranki Village, Penamaluru Mandal, Krishna District for conducting auction thereof, as illegal, arbitrary, irrational and against principles of natural justice, violative of provision of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules framed thereunder and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2"*^ Respondent to decide the said Stay application filed by the Petitioners in said S.A. by directing the Respondents not to dispossess the Petitioners from their secured assets nor conduct sale thereof. lA NO: 1 OF 2025 Petition under Section 15T CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents more particularly Respondents3 and m w 4, not to interfere with possession of Petitioners over the secured assets in the application filed by the Petitioners in S.A. No. 173 of 2025 on the file of 2nd Respondent nor conduct sale thereof, pending disposal of stay application filed in I.A. No. 1073 of 2025 in S.A. No. 173 of 2025, pending disposal of the main Writ Petition. Counsel for the Petitioners : SRI P. RISHYENDRA SAI FOR _ M/s. NIMMAGADDA REVATHI Counsel for the Respondent No.1 : SRI P. PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 to 4 ; NONE APPEARED The Court made the following: ORDER w At APHC010141322025 Bench Sr.No:- 1772 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 7483 of 2025 M/s.Hanuman Constructions and others ...Petitioners Vs. ...Respondents The Union of India and others ********** Mr. P. Rishyendra Sai, learned counsel representing Ms. Nimmagadda Revathi. Advocate for Petitioners None Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 27th March 2025 PC : Learned counsel for the petitioners seeks to withdraw this Writ Petition. Accordingly, the Writ Petition is dismissed as withdrawn. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- IW.RA/MESH BABU deputy registrar //TRUE COPY// SE> OFFICER To, 1. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] 2. One CC to Sri P. Ponna Rao, Deputy Solicitor General of India [OPUQ] 3. Three C.D. Copies. Cnr V HIGH COURT CNR DATED:27/03/2025 ORDER WP.No.7483 of 2025 DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS