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2025 DAILYLAW 13119 (AP)

JAYAMANGALA VEERAJU v. THE UNION OF INDIA

WP/7937/2025 · 2025-03-25

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) t TUESDAY, THE TWENTY FIFTH DAY OF MARCH B TWO THOUSAND AND TWENTY FIVE o PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7937 OF 2025 Between: 1. Jayamangala Veeraju, S/o Nalla Maharaju, aged about 52 Years, Old D.No. 4-113, New 3-35, Dayyampadu Village, Near Anjaneya Temple, Mandavalli Mandal, Eluru District, (Old Krishna District). 2. Jayamangala Lakshmi, W/o Veeraju, aged about 48 Years, R/o Old p.No. 4-113, New 3-35, Dayyampadu Village, Near Anjaneya Temple, Mandavalli Mandal, Eluru District, (Old Krishna District). R/o ...Petitioners AND 1. The Union of India, Rep by its Secretary, Department of financial services Ministry of Finance Jeevan Deep Building Sanad Marq New Delhi-110001. 2. The Debt Recovery Tribunal, Rep by its Registrar Chitraiaya Road Near Leelamahal Road Daba Gardens Jagadamba Junction , Visakhapatnam , Andhra Pradesh. 3. Authum Investment and Infrastructure Limited, previously known as Reliance point, Mumbai-400021. Being represented by its Chief Manager cum Authorized officer, 707 Raheja Centre free Press Road Nariman Point Mumbai-400021. Journal 4. Smt. Perumalla Ruparani, W/o not known, appointed as Advocate Commissioner in Cr MP.No 56 of 2025 on the file of Chief Judicial Magistrate at Machilipatnam, Krishna District. ...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 Writ of Mandamus declaring the action of 2nd respondent in not deciding the petitioners stay application filed in I.A.No. 1114/2025 in S.A.No. 183/2025 on the file of the 2nd respondent and the action of respondent Nos. 3 and 4 in making attempts to take over the possession of the petitioners secured property i.e dwelling house having D.No. 4-113, New 3-35, Dayyampadu Village, Near Anjaneya Temple, Mandavalli Mandal, Eluru District, (Old Krishna District) as per the orders of Chief Judicial Magistrate at Machilipatnam in CrI.P.No. 55/2025 in C.F.No 62/2025, through the fourth respondent as illegal, irregular, irrational and against principals of natural justice and violation of provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of security Interest Act and rules framed there under and offends Article 14, 21 and 300 A of Constitution of India and consequently direct the 2nd respondent to decide the said stay application filed by the petitioners in above S.A.No. 183/2025 by directing the respondents not to dispossess the petitioners form their secured assets. 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 direct the respondents more particularly respondent Nos. 2 to 4, not to interfere with peaceful possession of petitioners over the secured assets i.e. dwelling house having D.No. 4-113, New 3-35, Dayyampadu Village, Near Anjaneya Temple, Mandavalli Mandal, Eluru District, (Old Krishna District) in the application filed by the petitioners in I.A.No. 1114/2025 in S.A.No. 183 of 2025 on the file of 2nd respondent. Counsel for the Petitioner: SRI. T VV KOTESWARA RAO Counsel for the Respondent No. 1: SRI PASALA PONNA RAO DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following order: Bench Sr.No. LM-1 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010156502025 WRIT PETITION NO: 7937 of 2025 ...Petitioners Jayamangala Veeraju and another Vs. ...Respondents The Union of India and others ********** Mr. T. V. V. Koteswara Rao Advocate for Petitioners Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 25th March 2025 PC : Learned counsel for the petitioners states that even when Securitization Application bearing No. 183 of 2025 has been filed before the Debts Recovery Tribunal along with I.A.No.1114 of 2025, the said I.A. has not been considered granting interim protection. We dispose of this Writ Petition with a direction to pass appropriate orders in I.A.No.1114 of 2025 in S.A.no.183 of 2025 preferably within a period of six (6) weeks. Till such time the appropriate orders are passed, status quo 2 HCJ & RCJ W.P.No.7937 of 2025 be maintained with regard to the possession of the property in question. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- G.HELA NAIDU ASSISTANT REGISTRAR a //TRUE COPY// SEGTtON OFFICER To, 1. The Secretary, Department of financial services Ministry of Finance, Union of India, Jeevan Deep Building Sanad Marg New Delhi-110001. 2. The Registrar, Debt Recovery Tribunal, Chitralaya Road Near Leelamahal Road Daba Gardens Jagadamba Junction , Visakhapatnam, Andhra Pradesh. 3. The Chief Manager cum Authorized officer, Authum Investment and Infrastructure Limited, previously known as Reliance point, Mumbai- 400021, 707 Raheja Centre free Press Journal Road Nariman Point Mumbai-400021. 4. One CC to Sri. T V V Koteswara Rao Advocate [OPUC] 5. One CC to Sri. Pasala Ponna Rao, Deputy Solicitor General Of India [OPUC] 6. Three CD Copies CSC HIGH COURT DATED:25/03/2025 ORDER WP.No.7937 of 2025 ^fOFAMOS^ g 2.5MA*2C« I Current Section O DISPOSING OF THE WP WITHOUT COSTS