APHC010187952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0;^ TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9563 OF 2025 Between: 1. Boppudi Bhavani Sankara Prasad, S/o. Sreemannarayana, Aged about 63 years, R/o. Door No. 15/546-137, APHB Colony, Bypass Road, Housing Board Colony, Machilipatnam, Krishna District-521001. 2. Pinninti Sambasiva Rao, S/o. Sriramulu, Aged about 54 years, R/o. Flat No. 301, 3rd Floor, Sri Sai Arcade, Plot No. 31, 32, 43, 44, Tirumala Gajularamaram, Qutubullapur, Medchal, Hills, Mahadev Puram, Malkajgiri, Telangana - 500055. ...PETITIONERS AND rd Floor, Jeevan Deep 1. The Union of India, Ministry of Finance, 3 Building, San sad Marg, New-Delhi - 110001. 2. The Aryapuram Co-Op Urban Bank, Rep. by its Branch Manager, Main Branch, at Door No. 20-23-8, Near BSNL Bhavan, Aryapuram, Rajahmundry - 533104. 3. M/s Mugda Offset Printers, Rep. by its Proprietor, Mr. Sri Krishna Veerapaneni, S/o. V Prudhvi Singh, R/o. D.No.54-3-18, A V A Road, Addepalli Colony, Danavaipeta, Rajamundry, East Godavari 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high-handed action of the 2 respondent in issuing the e-auction sale notice, dated 12/03/2025, to the petitioners for recovery of the debt in respect of the loans availed by the 3 respondentvide SSILON A/c. No. 32, SSILON A/c. No. 33, SSILON A/c. No. 36, SSILON A/c. No.37, which were not related to the petitioners as illegal, arbitrary, unwarranted and in violation of Article 14, 19, 21 and 300A of the Constitution of India and also violative of provisions of SARFAESI Act, 2002 and consequentially set aside the e-auction sale notice, dated 12/03/2025, issued by the 2"'^ respondent for the auction dated 15/04/2025. nd rd 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 of auction, dated 15/04/2025, of the petitioners land which are in an extent of 252.77 square yards situated in R.S.No. 458/2C, Kolamuru Village, Rajamundry Rural Mandal, East Godavari District &, an extent of 400 square yards situated in R.S.No.411/1, Pidimgoyyi Village, Kavalagoyyi Village Taluk, Rajamundry Rural Mandal, East Godavari District. Counsel for the Petitioners: SRI KILARU NITHIN KRISHNA Counsel for the Respondent No.1: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondents: SRI T. V. S. PRABHAKARA RAO & SRI B.APPA RAO The Court made the following order: APHC010187952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-96 [3483] I WRIT PETITION NO: 9563 of 2025 Boppudi Bhavani Sankara Prasad and another ...Petitioners Vs. The Union of India and others ...Respondents ********** Advocate for Petitioners Mr. Kilaru Nithin Krishna Advocates for Respondents Mr. T. V. S. Prabhakara Rao & Mr. B. Appa Rao CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 29th July 2025 PC : The petitioners claim that they had already preferred Securitisation Application before the Debts Recovery Tribunal in which I.A. has since been filed and numbered and that the next date of hearing has been fixed in the month of September, 2025. It is stated that pursuant to the interim order, dated 10.04.2025, passed by this Court, the entire amount under loan A/c. No.32 has since been deposited by the petitioners and that the petitioners are still in possession, yet they are apprehending dispossession by the respondents. Be that as it may, this Writ Petition is disposed of with a direction to the D.R.T. to dispose of the I.A. in accordance with law and till such time as 2 % HCJ & RCJ W.P.No.9563of2025 the appropriate orders are passed, possession of the petitioners over the property in question be maintained. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// OFFICER S To, 1. The Union of India, Ministry of Finance, 3rd Floor, Jeevan Deep Building, San sad Marg, New-Delhi - 110001. 2. The Branch Manager, Aryapuram Co-Op Urban Bank, Main Branch, at Door No. 20-23-8, Near BSNL Bhavan, Aryapuram, Rajahmundry - 533104. 3. The Debts Recovery Tribunal, Visakhapatnam. 4. One CC to Sri Kilaru Nithin Krishna, Advocate [OPUC] 5. One CC to Sri T. V. S. Prabhakara Rao, Advocate [OPUC] 6. One CC to Sri B. Appa Rao, Advocate[OPUC] 7. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India, High Court of A.P.[OPUC] 8. Two CD Copies. ssb HIGH COURT DATED:29/07/2025 ORDER WP No. 9563 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS