APHC010217442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurrsdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 10839 OF 2025 Between: S.V.V.Ramachandra Rao, S/o. Surya Rao, Aged 49 years, R/o. D.No.27-1- 14/1, Plot No.6, Chandravani palem, Srinagar, Chinagantyada, Gajuwaka, Visakhapatnam-26. ...Petitioner AND 1. M/s. State Bank of India, Represented by its Managing Director, Having its registered head office at Mumbai. 2. The State Bank of India, Rep. by its Assistant general Manager, Retail Assets central processing center-2 (Stressed Assets Resolution Center), III floor. Exotica Hemas Twin bliss, D.No.39-11-76/2/1, Birla Junction, Murali Nagar, Visakhapatnam-530007. 3. The State Bank of India, Visakhapatnam Branch, Represented by its Floor, ML Complex, NAD Kotha Road, Authorized Officer, 1 St Visakhapatnam. 4. Sravanam Venkata Kanakaratna Rama Kishore, S/o. Parusurama Rao Aged About 50 years, D.No.10-12-8, 4'^ Floor, Kancherla, Paradise, SBI Upstairs, Ram Nagar, Visakhapatnam-530002. 5. Sravanam Anusha, W/o. Sravanam Venkata Kanakaratna Rama Kishore, Aged about 50 years, D.No. 10-12-8, 4*^ Floor, Kancherla, Paradise, SBI Upstairs, Ram Nagar, Visakhapatnam-530002. ...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 writ of mandamus declaring the action of 1 to 3 respondent bank in initiating and continuing any proceedings under the provisions of the SARFAESI Act to dispossess me from my property a residential house bearing D.No.27-1-14/1 covered by S.No.119/11 of an extent of 278 Sq.yards of Chinagantyada Village, Peddagantyada SRO, GVMC, Gajuwaka, Visakhapatnam, which is in my possession and enjoyment under the registered mortgage deed dt.31.12.2020 executed by the 4*^ respondent which has got precedence over the respondent banks claimed equital mortgage which is not registered either with the central registry under Section 20 of SARFAESI Act or under the provisions of the Registration Act as illegal, arbitrary, unjust, without competence, authority, jurisdiction or any legal sanction and to consequently direct 1 to 3 respondents not to dispossess me from the said property in any manner whatsoever including by way of resorting to the provisions of the SARFAESI Act. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass an interim direction directing the respondents 1 to 3 not to dispossess me from the property a residential house bearing D.No.27-1-14/1 covered by S.No.119/11 of an extent of 278 Sq.yards of Chinagantyada Village, Peddagantyada SRO, GVMC, Gajuwaka, Visakhapatnam, which is in my possession and enjoyment in any manner whatsoever including under the provisions of the SARFAESI Act. lA NO: 2 OF 2025 Between: 1. M/s. State Bank of India, Represented by its Managing Director, Having its registered head office at Mumbai. 2. The State Bank of India, Rep. by its Assistant general Manager, Retail Assets central processing center-2 (Stressed Assets Resolution Center), III floor. Exotica Hemas Twin bliss, D.No.39-11-76/2/1, Birla Junction, Murali Nagar, Visakhapatnam-530007. 3. The State Bank of India, Visakhapatnam Branch, Represented by its Floor, ML Complex, NAD Kotha Road, St Authorized Officer, 1 Visakhapatnam. ...Petitioners/Respondent No.1 to 3 AND 1. S.V.V.Ramachandra Rao, S/o. Surya Rao, Aged 49 years, R/o. D.No.27-1-14/1, Plot No.6, Chandravani palem, Srinagar, Chinagantyada, Gajuwaka, Visakhapatnam-26. .. .Respondent/Petitioner 2. Sravanam Venkata Kanakaratna Rama Kishore, S/o. Parusurama Rao Aged About 50 years, D.No.10-12-8, 4*^ Floor, Kancherla, Paradise, SBI Upstairs, Ram Nagar, Visakhapatnam-530002. 3. Sravanam Anusha, W/o. Sravanam Venkata Kanakaratna Rama Kishore, Aged about 50 years, D.No. 10-12-8, 4^'' Floor, Kancherla, Paradise, SBI Upstairs, Ram Nagar, Visakhapatnam-530002. ...Respondents/Respondents 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 vacate the orders dated 25.04.2025 in WP No. 10839 of 2025. Counsel for the Petitioner: SRI K. SARVA BHOUMA RAO Counsel for the Respondent Nos.1 to 3 : SRI S. MALLIKHARJUNA RAO FOR SRI K. B. RAMANNA DORA Counsel for the Respondent Nos.4 & 5 : NONE APPEARED The Court made the following order: 1 (RNT,J & MRK,J W.P. NO.10839 OF 2025) APHC010217442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 10839/2025 Between: 1.S V V RAMACHANDRA RAO, S.V.V.RAMACHANDRA RAO, S/0. SURYA RAO, AGED 49 YEARS, R/0. D.NO.27-1-14/1, PLOT N0.6, CHANDRAVANI PALEM, SRINAGAR, CHINAGANTYADA, GAJUWAKA, VISAKHAPATNAM-26. ...PETITIONER AND REPRESENTED BY ITS MANAGING DIRECTOR, HAVING ITS REGISTERED HEAD OFFICE AT MUMBAI. 1.M/S STATE BANK OF INDIA, 2.THE STATE BANK OF INDIA, REP. BY ITS ASSISTANT GENERAL MANAGER, RETAIL ASSETS CENTRAL PROCESSING CENTER-2 (STRESSED ASSETS RESOLUTION CENTER), III FLOOR, EXOTICA HEMAS TWIN BLISS, D.N0.39- BIRLA JUNCTION, MURALI NAGAR, 11-76/2/1 VISAKHAPATNAM-530007. 3.THE STATE BANK OF INDIA, VISAKHAPATNAM BRANCH, REPRESENTED BY ITS AUTHORIZED OFFICER, 1ST FLOOR, ML COMPLEX, NAD KOTHA ROAD, VISAKHAPATNAM. 4.SRAVANAM VENKATA KANAKARATNA RAMA KISHORE, S/0 2 (RNT,J & MRK,J W.P. NO.10839 OF 2025) PARUSURAMA RAO AGED ABOUT 50 YEARS 8,4TH FLOOR. KANCHERLA, PARADISE, SBI UPSTAIRS. RAM NAGAR. VISAKHAPATNAM-530002. D.NO.10-12- 5.SRAVANAM ANUSHA, , W/0 SRAVANAM VENKATA KANAKARATNA RAMA KISHORE, AGED ABOUT 50 YEARS, D.NO.10-12-8,4TH FLOOR, KANCHERLA, UPSTAIRS, RAM NAGAR, VISAKHAPATNAM-530002. PARADISE. SBI ...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 toPleased to issue an appropriate writ order or direction more particularly one in the writ of mandamus declaring the action of 1 to 3 respondent bank in initiating and continuing any proceedings under the provisions of the SARFAESI Act to dispossess me from my property a residential house bearing D.No.27-1-14/1 covered by S.No.119/11 of extent of 278 Sq.yards of Chinagantyada Village, Peddagantyada SRO, GVMC, Gajuwaka, Visakhapatnam, which is in my possession and enjoyment under the registered mortgage deed dt.31.12.2020 executed by the 4th respondent which has got precedence over the respondent banks claimed equital mortgage which is not registered either with the central registry under Section 20 of SARFAESI Act or under the provisions of the Registration Act as illegal, arbitrary, unjust, without competence, authority, jurisdiction or any legal sanction and consequently direct 1 to 3 respondents not to dispossess me from the said property in any manner whatsoever including by way of resorting to the provisions of the SARFAESI Act and to lA NO: 1 OF 2025 an to pass 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 pass an interim direction directing the respondents 1 to 3 not to dispossess mie from the property a residential house bearing D.No.27-1-14/1 covered by S.No.119/11 of an extent of 278 Sq.yards of Chinagantyada Village, Peddagantyada SRO, GVMC, Gajuwaka, Visakhapatnam, which is in my possession and enjoyment in 3 (RNT,J&MRK,J W.P. NO.10839 OF 2025) whatsoever including under the provisions of the SARFAESI any manner Act. lA NO: 2 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 may be pleased to vacate the orders dated 25.04.2025 in WP No. 10839 of 2025 or pass Counsel for the Petitioner: 1.KSARVABHOUMARAO Counsel for the Respondent(S): 1.K B RAMANNA DORA The Court made the following: 4 (RNT,J & MRK,J W.P. NO.10839 OF 2025) ORDER:- (perHon’ble Sri Justice Ravi Nath Tilhari) Heard Sri K.Sarva Bhouma Rao, learned counsel for the petitioner learned counsel representing and Sri S.Mallikharjuna Rao Sri K.B.Ramanna Dora, learned Standing Counsel appearing for the respondents/Bank. On 25.04.2025, the following order was passed by a 2. Co-ordinate bench : "The petition has been fiied challenging the action of the respondent bank initiated under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act'] on the ground that the equitable mortgage which is stated to have been created by respondent Nos.4 & 5 in favour of respondent No.2 - State Bank of India which was mandatorily to be registered with the Central Registry was not so registered and, therefore, in terms of the provisions of Section 26D of the SARFAESI Act, no action can be initiated. A specific averment has been made in the petition in this regard. It is stated that whereas the stand of the bank appears to be that a mortgage by deposit of title deeds was created in favour of the bank on 04.12.2017, yet, even the petitioner, it is stated, had loaned a particular sum of money to respondent Nos.4 & 5, who are the owners of the property and had created a simple mortgage which was duly registered, with the petitioner and, therefore, it is stated that even the petitioner has a lien over the property which is now sought to be sold by the respondent bank under the provisions of the SARFAESI Act. Issue notice to the respondents. Service of personal notice is also permitted. List on 16.06.2025. In the meantime, status quo shall be maintained with regard to possession of the property in question." (RNTJ & MRKJ W.P. N0.10839 OF2025) A preliminary objection was raised by the respondents 1 to 3/Bank that the petitioner has an efficacious alternative remedy available under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the SARFAESI Act"). 3. 4. Sri K.Sarva Bhouma Rao, learned counsel for the petitioner, does not dispute the existence of the alternative remedy, and submits that the petitioner is willing to avail the same. However, the respondents/Bank is proceeding against respondent Nos.4 and 5, notwithstanding that a simple mortgage was also created duly registered with the petitioner on the same. The petitioner has a lien over the property which is sought to be auctioned by the respondent Nos.1 to 3. In such circumstances, it is submitted that the interim order granted in this petition may be continued to operate for a further period of two (02) weeks, during which the petitioner shall take appropriate steps to avail the alternative statutory remedy. 5. 6. Sri S.Mallikharjuna Rao, learned counsel representing Sri K.B.Ramanna Dora, learned Standing Counsel appearing for the respondents/Bank, has no objection to the said prayer. 7. Accordingly, the Writ Petition is dismissed, on the ground of availabiljfy of statutory alternative remedy, with liberty to the petitioner to 6 (RNT,J & MRK,J W.P. NO.10839 OF 2025) avail the same. For a period of two (02) weeks from today, the interim order dated 25.04.2025 granted in this petition, shall remain in force. No order as to costs. sequel thereto, miscellaneous petitions, if any pending, shall As a also stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //true copy// SECTION OFFICER To, 1. one CC to Sri K. Sarva Bhouma Rao, Advocate [OPUC] Sri K. B. Ramanna Dora, Advooate [OPUC] 2. OneCCto 3. Two CD Copies Cnr I HIGH COURT DATED:11/09/2025 ORDER WP NO. 10839 OF 2025 ANO/^ ^ 15 SEP 2025 m Current Section , at- DISMISSING THE W.P. WITHOUT COSTS