IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI . WRIT PETITION NO: 13638 OF 2025 Between: Syed Mahmud, S/o. late Syed Akbar, Aged about 46 years, Occ: Business, Residing at D. No. 77-51/1A-17, Payakapuram village Vijayawada Municipal Corporation limits, Vijayawada, Krishna District. ...PETITIONER AND 1, The State Bank of India, Gollapudi Branch - 05653, Vijayawada - 520012, NTR District, represented by its branch manager. 2. Thp State of Bank of India., Home loan Centre -II (RACPC 11-21017), Door No. 59-13-4, Ghantasala Vari Street, Gayathri Nagar, Viajayawada - 520008, A.P Rep. by its Authorized Signatory under SARFAESI Act. ...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 one in the nature of Writ of Mandamus, declaring the action of the Respondents in taking steps to dispossess the petitioner and his family members from the RCC building bearing door No. 77-51/1 A-17, situated in Sy. No. 71/1,2 and 3 and Sy. No. 72/1, ward no. 18, Payakapuram village, Vijayawada Municipal Corporation limits, Vijayawada, Krishna District under the guise of SARFAESI proceedings without considering my representations and requests as being illegal, unfair, arbitrary and apart from violative of principles of natural justice and violative of Articles 14, 19, 21 and 300-Aof the Constitution of India and consequently direct the respondent authorities not to dispossess the petitioner from the subject land. 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 respondent authorities not to dispossess the petitioner and his family members from the RCC building bearing door No. 77-51/1A- 17, situated in Sy. No. 71/1,2 and 3 and Sy. No. 72/1, ward no.18, Payakapuram village, Vijayawada Municipal Corporation limits, Vijayawada, Krishna District. Counsel for the Petitioner: SRI CHILUKURI KARTHIK REPRESENTING SRI V NITESH Counsel for the Respondents: — The Court made the following: ORDER % APHC010240492025 Bench Sr.No:-15 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI p r*. ur* ■JMfc-S r WRIT PETITION NO: 13638 of 2025 Syed Mahmud ...Petitioner Vs. The State Bank of India and another ...Respondents ********** Sri Chilukuri Karthik, learned counsel representing Sri V. Nitesh. Advocate for Petitioner Advocate for Respondents None CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 16th June 2025 P C : The petitioner claims that he is residing in the property which is a secured asset as a tenant based upon an oral tenancy. It is stated that the petitioner is sought to be evicted from the premises in question under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI 2. Act), which has been invoked by the respondent bank. It is stated that the petitioner cannot be evicted in view of he being a tenant in the premises in question. In view of the fact that the SARFAESI Act provides an effective 3. alternate remedy by way of an appeal before the Debts Recovery Tribunal, 2 which can very well be availed by the petitioner, we do not find any reason to interfere at this stage by invoking our extraordinary jurisdiction considering the ratio of the judgments rendered by the Apex Court in Radha Krishan Industries v. State of H.P./ and United Bank of India vs. Satyawati Tondon^. Accordingly, the Writ Petition is dismissed with liberty to the petitioner to 4. avail the alternate remedy. No costs. Pending miscellaneous applications, if any, shall stand closed. ^ (2021) 6 see 771 ^ [(2010)8 see 110 : 2010 INSe 428] Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri V Nitesh, Advocate [OPUC] 2. Three CD Copies TF HIGH COURT DATED:16/06/2025 ORDER WP.No.13638 of 2025 DISMISSING THE W.P., WITHOUT COSTS