IN THE HIGH COURT OF ANDHRA PRADESH::AMAR (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI DHIRAJ SINGH THAKUR THE CHIEF AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN WRIT PETITION NO: 8598 OF 2025 JUSTICE RAO Between: 1. Smt. M Kanthamma, D/o M. Yesuratnam, Aged about 1-39, Seridintakurru, Angaluru, Gudivada Pradesh-521330 2. Sri M Anil, S/o M. Yesuratnam Aged about 46 Seridintakurru, Angaluru, Gudivada, Krishna District 521330 50 years, D. No. Krishna District, Andhra years, D. No. 1-39, Andhra Pradesh- ...Petitioner AND 1. The Union of India, Rep. by its secretary. Department Services, Ministry of Finance, Jeevan Deep Building, SanadMarg Delhi-110001. 2. The Debt Recovery Tribunal, Rep. By its Registrar, Chitralaya- Road Near Leelamahal Road Daba Gardens, Visakhapatnam, Andhra Pradesh. 3. Axis Bank Ltd, Rep. By its Authorized Officer C VarunPragnaVarda C VenkatRao, Vijayawada. 4. S Sasi Sri, S/o. not known CrI.M.P.No. 69/2025, Advocate, Machilipatnam Court of Financial , New Jagadamba Junction S/o appointed as an Advocate Commission in ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated be pleased to issue .1 in the affidavit filed therewith, the High Court may a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2nd Respondent in not deciding petitioners stay application filed in I.A. No of 2024 in S.A. No. 442 of 2024 and the action of 3rd Respondent in making attempts to take over the possession of Petitioner's secured property i.e.. Flat No. 407,4th Floor, Indupalli Estate apartment situated in Nuzvid Town, Nuzvid Mandal, Krishna District, Andhra Pradesh, as per the orders of Hon'ble Chief Judicial Magistrate Court, Machilipatnam in CrI.M.P. No. 69/2025 through the 4th Respondent as illegal, irregular, irrational and against principles of violative of natural justice. provision of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Articles 14, 21 and consequently direct the 2nd Respondent to decide the said stay application filed by the Petitioners in said S.A. by directing the Respondents not to dispossess the Petitioners Act, 2002 and Rules framed there under and offends 300-A of Constitution of India and from their secured assets lA NO: 1 OF 2Q2.*> 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 pieased to direct the Respondents more particularly Respondent No's 3 and 4, not to interfere with possession of Petitioners over the secured assets in the application filed by the Petitioners in S.A No. 442 of 2024 on the file of 2nd Respondent, pending disposal of stay application No.... of 2024 in S.A. No. 442 of 2024 filed in I.A pending disposal of the main Writ Petition Counsel for the Petitioners: SRI NARESH BABU YERICHERLA Counsel for the Respondent No.1: SRI BACHINA HANUMANTHA RAO Counsel for the Respondents No.2 to 4: None The Court made the following: Order Bench Sr.No;-1 APHC010166172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl WRIT PETITION NO: 8598 of 2025 ...Petitioners M. Kanthamma and another Vs. ...Respondents The Union of India and others ********** Sri Naresh Babu Yericherla Sri Bachina Hanumantha Rao Advocate for Petitioners Advocate for Respondent No.1; CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO ; 04"’ April 2025 DATE PC : that even when the before the Debts Recovery Tribunal, counsel for the petitioners states Learned had filed S.A.No.442 of 2024 orders have been passed in the application for interim petitioners Visakhapatnam, no relief accompanying the said S.A vide meantime, the petitioners are likely to I.A.No.2603 of 2024. It is stated that in be dispossessed from the secured the asset. dispose of this petition with a direction to the Be that as it may, we Debts Recovery Tribunal. Visakhapatnam to dispose of I.A.No.2603 of 2024 in of 2024 preferably, within a period of six (6) weeks. Until such be maintained with regard 2. S.A.No.442 the appropriate orders are passed, status quo time i 2 the scheduled property. No order as to the possession of the petitioners over to costs. applications, if any, shall standSd/- N NAGAMMA assistANTvREGIST^R Pending miscellaneous //TRUE COPY// Officer SECTJ To 1. The Secretary, Ministry of Finance 110001. 2, Tl» 'Sr” <!«•"•. „ is Bank Ltd, C Varun Pragna Road, Near Junction, Tribunal, Chitralaya- Jagadamba Varda, S/o C 3 The Authorized Officer, Axis _ ■ venkat Rao, Viiayawada. SrlM-RNoMs” cTll Machilipatnam Court cc to SRI NARESH BABU SRI BACHINA HANUMANTHA YERICHERLA Advocate [OPUC] RAO, Advocate [OPUC] 5. One 6. OneCCto 7. Three CD Copies gsg HIGH COURT DATED: 04/04/2025 ORDER WP.No.8598 of 2025 ^ANDHS? S> i" 07 APR 2025 Wi ^ . Current section S^gSPATCV<^<^ DISPOSING THE WP WITHOUT COSTS