IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT PRADESH AA/IARAVATI HON’BLE SRI JUSTICE DHIRAJ SINGH thakur, the chief justice AND honourable SRI JUSTICE RAVI WRIT PETITION NO: 12«00 qf 2n7fi CHEEMALAPATI Between: 1. Kommani Kavitha, W/o.Vijaya Housewife, R/o.D.No. 10-7/1 Krishna District. 2. Kommani Navya Spandana, Occ Student, R/o.D.No. 10-7/1 Krishna District. 3. Kommani Jeevana Spoorthy, D/o.Vijaya Prasad Aged about Occ Student, R/o.D.No. 10 Krishna District. Prasad, Aged about 42 years, Occ Ramnagar, Harijanawada, Gannavaram D/o.Vijaya Prasad Aged about 22 years Ramnagar, Harijanawada, Gannavaram, 19 years -7/1,Ramnagar, Harijanawada, Gannavaram ...PETITIONERS AND 1. The Life insurance Corporation Of India(LIC), Bombay Life Buiiding ^nd Fioor, 45/47, Veer Nariman Road Mumbai, Maharashtra. Rep by Its Adminstrative Officer. 2. The Life Insurance Corporation Housing, Finance Corporation Ltd., (LIC HFL), 0/o.ll-G, Ananda Mights, D.No.20-4-15, C.K.Reddy Road, y^edareswarapeta, Vijayawada, NTR District. Rep by its Manager ■•vi 'i.- ^ - (©fierations). a The Authozed Officer, Aditya Birla Housing Finance Limited, 40/1/52C, ^ '3f6 Floor, MG Road, Patamatalanka Vijayawada, NTR District. 4. Kommani Vijaya Prasad, S/o.Satyanarayana, Aged about 50 years, Occ Employee, R/o. D.No. 1-228, Near SDA School, Indira Colony Azarayyapeta, Nuzvid, Eluru 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 a writ, order or direction more particularly one in the nature of mandamus A). To declare the Warrant dated 18.03.2025 issued in CRLMP No.565/2025 in CF No.7411/2024 by the Hon’ble Chief Judicial Magistrate, Vijayawada Ll/s.14(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the dead person Tommandru Dasy Vaiduryam (Principal Borrower) died 17.07.2021 as illegal, void and unjust on B). Consequently, to declare that the Warrant dated 18.03.2025 issued in CRLMP No.565/2025 in CF No.7411/2024 by the Hon’ble Chief Judicial Magistrate, Vijayawada cannot be executed against the dead person and set aside the same and pass such % lA NO: 1 OF 2n9fi Petition under Section 151 CPC stated in the affidavit filed in praying that in the circumstances support of the petition, the High Court may be pleased may be pleased to grant stay of all further proceedings pursuant to the Warrant dated 18.03.2025 issued in CRIMP No.565/2025 In CF No.741 1/2024 by the Hon’ble Chief Judicial Magistrate, Vijayawada i of Financial Assets and 2002, pending disposal of the writ U/s.14(1) of The Securitization and Reconstruction Enforcement of Security Interest Act, petition. Counsel for the Petitioners: SRI. B V ANJANEYULU Counsel for the Respondents No.1 & 2: Counsel for the Respondents No.3 & 4: The Court made the following Order: SRI BATHULA RAJ KIRAN None appeared APHC010240572025 Bench Sr.No:-14 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [0] WRIT PETITION NO: 12800 of 2025 ...Petitioners Kommani Kavitha and others Vs. The Life Insurance Corporation of India and others ...Respondents ********** Advocate for petitioners : Sri B. V. Anjaneyulu Advocate for respondent Nos.1 & 2 ; Sri Rajkiran Bathula ********** CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 9th May 2025 PC : The present petition has been filed challenging the proceedings initiated by respondent Nos.1 and 2 under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act) on the accounts of one Mrs.Thommandru Dasy Vaiduryam, who is the principal borrower, along with Kommani Vijaya Prasad, who is respondent No.4 herein. The loan accounts of Mrs.Thommandru Dasy Vaiduryam and respondent No.4 came to be declared as Non-Performing Assets (N.P.As.) on 11.04.2023 and 09.06.2022 respectively. It appears that a notice under Section 13(2) of the SARFAESI Act was 2. issued on 23.01.2024 against Mrs.Thommandru Dasy Vaiduryam as also 2 respondent No.4 - Kommani Vijaya Prasad. It appears, as per the Death Certificate placed on record by the learned counsel for the petitioners, that on the date of issuance of the notice in January, 2024, Mrs.Thommandru Dasy Vaiduryam had since passed away on 17.07.2021. It is in that background stated that the proceedings against Mrs.Thommandru Dasy Vaiduryam based upon notice under Section 13(2) of the SARFAESI Act are unsustainable. r 3. Although the issue of notice has been raised by the learned counsel for respondent Nos.1 and 2 to move the present petition, yet, learned counsel for the petitioners would submit that the petitioners are very much in occupation of the premises in question, which is a residential house, and are close relatives of the deceased Mrs.Thommandru Dasy Vaiduryam and therefore. have every right to file the present petition. Having heard the learned counsel for the parties, in our opinion, the entire substratum of the action of respondent Nos.1 and 2 under the provisions of the SARFAESI Act as against Thommandru Dasy Vaiduryam is concerned are unsustainable simply for the reason that the proceedings are all based upon the notices which were issued against a dead person. 4. 5. Be that as it may, we set aside the proceedings as against Mrs. Thommandru Dasy Vaiduryam with liberty to respondent Nos.1 and 2 to initiate the proceedings afresh in accordance with law. Accordingly, this Writ Petition is allowed to the extent as ordered 6. hereinabove. No order as to costs. f 3 Pending miscellaneous applications, if any, shall stand closed. / RIDEVI AR Sd/- U.SRI ASSISTANT REGIS //TRUE COPY// OFFICER S To, 1. The Adminstrative Officer, Life Insurance Corporation Of India(LIC), Bombay Life Building, 2nd Floor, 45/47, Veer Nariman Road Mumbai, Maharashtra. 2. The Manager (Operations), Life Insurance Corporation Housing, Finance Corporation Ltd., (LIC HFL), 0/o.ll-G, Ananda Mights, D.No.20- 4-15, C.K.Reddy Road, Kedareswarapeta, Vijayawada, NTR District. 3. The Authozed Officer, Aditya Birla Housing Finance Limited, 40/1/52C, 3rd Floor, MG Road, Patamatalanka Vijayawada, NTR District. Kommani Vijaya Prasad, S/o.Satyanarayana, Aged about 50 years, Occ Employee, R/o. D.No.1-228, Near SDA School, Indira Colony Azarayyapeta, Nuzvid, Eluru District 4. One CC to Sri. B V Anjaneyulu,. Advocate [OPUC] One CC to Sri. Bathula Raj Kiran, Advocate [OPUC] 5. 6. Three CD Copies vna HIGH COURT DATED:09/05/2025 ORDER WP.No.12800of 2025 3 isNWZO'a Js cpv y^/ Sg>Sj»trentS«gi9ll;f */ ^ \ 9 JUN 2025 )| ^^^urrentSecti^^ ALLOWING THE WRIT PETITION WITHOUT COSTS