IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY. THE TWENTY FIRST 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: 7455 OF 2025 Between: 1. Ramakrishna Venuzia Flat Allottees Welfare Association, (Reg 227 of 2021), Rep. by its President, Chittavarjula Surya Vekata Gangadhar Sasthry, S/o Ch. Venugopaludu, Aged about 40 yrs, Occ Private, R/o D.No. Visakhapatnam. 2. Poturaju Venkata Ramakrishna, S/o Poturaju Peddanna, Aged about 53 yrs, Occ- Business R/o D. No. C-1205, 12th Floor, One City Appartment, JNTU, Hitech City Road, VTC Kukkatpally, Medchal Malkajgiri, Telangana State 3. Vatsavayi Ashok Varma, S/o V.V.K.R. Varma, Aged about 35 yrs, Occ- Business, R/o Flat No. 05, Road No. 05, Lotus Land Mark, Sector - IV, Vijayawda Urban, NTR District. 4. Kolia Anil Kumar, , S/o Ramaiah Kolia Aged about 43 yrs, Occ- Private, R/o D. No. B-409, Flora Gated Community, 100 Feet Main Road, Alkapur Township, Manikonda, Hyderabad, Telangana State 3-5, Akkireddypalem, Gurrampalem, Pendurthi Mandal ...Petitioners AND 1. Union of India, Rep. by Secretary to Government Departmentof Financial Services Ministry of Finance, New Delhi 2. Lie Housing Finance Limited (R.O.), Rep. by its Authorized Officer (SARFAESI) 201 2ND Floor, Krishe Sapphire Near IMAGE Hospital Hi Tech City Main Road, Hyderabad, TS-500081 3. Ramakrishna Housing Private Limited, Rep. by its Managing Director Regd. Off at 54-15-20, Srinagar Colony Ring Road, Vijayawada AP- 520008 ...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 in the Nature of a Mandamus declaring the action of the 2nd Respondent in issuing Notice of Sale through e-Auction on 15-02- 2025 by publishing in Vijayawada Edition of the Hindu on 19-0-2025 scheduled to be held on 22-03-2025 in respect of (i) land admeasuring 18428.3 Sqyrds (AC. 3.8075 cents), comprising of flats in Tower No. 3, 4 and 5 in Sy No. 83/B3 of Kaza Village, Mangalagiri Mandal, Peddda Kakani Sub- District, Guntur District, (ii) land admeasuring 29632.9 Sq yards (AC. 6.12 per cents), comprising of flats in Tower No.2, 6 and 8 in Sy No. 83/A, 83/B3, 84, 85/3 and 86 of Kaza Village, Mangalagiri Mandal, Peddda Kakani Sub-District, Guntur District, (iii) admeasuring 16698 Sqyrds (AC. 3.45 cents), comprising of flats in Tower land No. 1 and 7 in Sy No. 83/A, 83/B3, 84 and 86/A of Kaza Village, Mangalagiri Mandal, Peddda Kakani Sub-District, Guntur District, which was already alienated in favour of the Petitioners and other 0 purchasers by way of various Agreements of Sales as illegal, irregular, irrational, arbitrary, without jurisdiction, against the principles of natural justice and violative of the provisions of Sec, 13(3) of SARFAESI and offends Article 14, 21 and 300-A of the Constitution of India and set-aside the same. lA NO: 1 OF 2025 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 stay the operation of the Notice of Sale dated 15-02-2025 proposing to conduct sale through e-Auction scheduled to be held on 22-03- 2025, as was published in the Vijayawada Edition of the Hindu” on 19-02- 2025 in respect of (i) land admeasuring 18428.3 Sqyrds (AC. 3.8075 cents), comprising of flats in Tower No. 3, 4 & 5 in Sy No. 83/B3 of Kaza Village, Mangalagiri Mandal, Peddda Kakani Sub-District, Guntur District, (ii) land admeasuring 29632.9 Sqyrds (AC. 6.12 74 cents), comprising of flats in Tower No.2, 6 & 8 in Sy No. 83/A, 83/B3, 84, 85/3 & 86 of Kaza Village, Mangalagiri Mandal. Peddda Kakani Sub-District, Guntur District, (iii), land admeasuring 16698 Sqyrds (AC. 3.45 cents), comprising of flats in Tower No. 1 & 7 in Sy No. 83/A, 83/B3, 84 & 86/A of Kaza Village, Mangalagiri Mandal, Peddda Kakani Sub-District, Guntur District. Counsel for the Petitioners: SRI. PSP SURESH KUMAR Counsel for the Respondent No. 1: SRI PASALA PONNA RAO DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following order: Bench Sr.No:- APHC010146632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 10 [3483] ! WRIT PETITION NO: 7455 of 2025 ...Petitioners Ramakrishna Venuzia Flat Allottees Welfare Association and others Vs. ...Respondents Union of India and others ********** Sri P. S. P. Suresh Kumar Advocate for Petitioners None Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 21st March 2025 PC : In view of the fact that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 (for short, “the SARFAESI Act”) provides an effective alternate remedy by way of an appeal before the Debts Recovery Tribunal, which can very well be availed by the petitioners, we do not find any reason to interfere at this stage by invoking our extraordinary jurisdiction considering the ratio of the judgments rendered by the Apex Court in Radha Krishan Industries v. State of H.P.,^ and United Bank of India vs. Satyawati Tondon^. ^'(2021) 6 see 771 ^ [(2010)8 see 110 2010 INSe 428] 2 The Writ Petition is, accordingly, dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. PSP Suresh Kumar Advocate [OPUC] 2. One CC to Sri. Pasala Ponna Rao, Deputy Solicitor General of India [OPUC] 3. Three CD Copies GSC HIGH COURT DATED:21/03/2025 ORDER WP.No.7455 of 2025 f(x 2 5MAR 2075 Current Section ^ O' DISMISSING OF THE WP WITHOUT COSTS