APHC010587882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] WEDNESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 30384/2025 Between: 1. VARUN SHANAGONDA, GENDER- MALE S/O VENKATESAM AGED 38 YEARS OCC- SERVICE R/O 16 WATER FRONT POULAMI ESTATE VISHALI NAGAR, MADINAGUDA, HYDERABAD. PIN- 500050 2. PADMAVATHI SHANAGONDA, GENDER- FEMALE W/O VENKATESAM AGED- 58 YEARS OCC- HOUSE WIFE R/O 16 WATER FRONT POULAMI ESTATE, VISHALI NAGAR, MADINAGUDA, HYDERABAD.PIN- 500050 ...PETITIONER(S) AND 1. THE AUTHORIZED OFFICER, ICICI BANK REP BY ITS AUTHORIZED SIGNATORY K. PAPA RAO S/O BABU RAO AGED 50 YEARS OCC- AUTHORIZED OFFICER OF ICICI BANK LIMITED HYDERABAD BRANCH AND DISTRICT. 2. ICICI BANK, REGIONAL OFFICE SECOND FLOOR, VISAKHAPATNAM 3. UNION OF INDIA, REP BY ITS FINANCE SECRETARY MINISTRY OF FINANCE, NEW DELHI ...RESPONDENT(S): 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 2 of Writ of Mandamus declaring the action of respondent bank in issuing advocate commissioner notice dated 17th October,2025, without serving sale notice to me under Rule 8(6) of the Securitization Interest (Enforcement) Rules, 2002, without obtaining valuation of the auctioned property from an approved valuer as required under Rule 8(5) of the Securitization Interest (Enforcement) Rules, 2002, without proper affixation of sale notice on subject property under 8(7) of the Securitization Interest (Enforcement) Rules, 2002, without following due process and as the Debts Recovery Tribunal (DRT), Visakhapatnam, in not considered and dismissed I.A No. 4070 of 2025 and in Securitization Application vide S.A. No. 637 of 2025, particularly in view of the imminent threat of creation of third- party interests through illegal auction as arbitrary, illegal, violative of provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, violative of Securitization Interest (Enforcement) Rules, 2002, devoid of principles of natural justice and unconstitutional and consequently direct the respondent bank not to evict the Petitioner herein as the advocate commissioner notice from the Schedule Property and to pass IA 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 pleased to stay all further proceedings before the Honorable Chief Judicial Magistrate at Machilipatnam has the Honble Court has issued a warrant in CrI.Mp 153/2025 in C.F No.233 of 2025 appointing an Advocate Commissioner for taking physical possession and evict the petitioner from the petitioners at Honble Machilipatnam Court until the disposal of S.A.No.637 of 2025 by DRT, Visakhapatnam, pending disposal of writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. MEDIKONDA KONDALA RAO Counsel for the Respondent(S): 1. P BADRINATH 2. The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.30384 of 2025 ORDER:(Per Hon’ble Sri Justice Battu Devanand) None appeared on behalf of the petitioners on the last date of hearing. 2. Today, despite the matter being called twice, there is no representation on behalf of petitioners, though the writ petition had been listed under the caption “for Dismissal” and despite learned counsel for the petitioners being notified. 3. It appears that the petitioners are not interested in pursuing the matter any longer. 4. The Writ Petition is accordingly dismissed in default and for non- prosecution. 5. Copy of this order be conveyed to the petitioners at the given address. 6. There shall be no order as to costs. Pending application(s), if any, stand(s) disposed of accordingly. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A. HARI HARANADHA SARMA Date: 29.04.2026 SA 4 113 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.30384 of 2025 Date: 29.04.2026 SA