KADALI SATYA NARAYANA v. THE DEBTS RECOVERY TRIBUNAL
WP/12809/2025 · 2025-05-07
Dhiraj Singh Thakur, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18254 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18254 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR V ri 7 o' m 0? 2 AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 12809 OF 2025 Between:
1. Kadali Satya Narayana, S/o Narayana, Occ: Farmer, R/o 5-81/A Annapanenivarigudem, Musunuru Mandal, Eluru District, Andhra Pradesh. 2. Kadali Lakshman, S/o Kadali Satya Narayana, Occ: Business, R/o. 5-81/A, Annapanenivarigudem Musunuru Mandal, Eluru District, Andhra Pradesh. ...PETITIONERS AND
1. The Debts Recovery Tribunal, Represented by its Chairman At Visakhapatnam. 2. The Authorized Officer, Bank of Baroda, Nuzvid Branch, Rep. by Rakshit Kachhap, Door No. 17-248, Chinna Gandhi Bomma Center Bus Stand Road, Nuzvid, Krishna District, Andhra Pradesh - 521201. 3. The Branch Manager, Bank of Baroda, Nuzvid Branch, Krishna District, Andhra Pradesh. ...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 1 Tribunal{DRT) in adjourning the S.A. No. 125 of 2025, with very long dates. St Respondent
inspite of expedite the proceeding for Interlocutory Application in I.A. No. 723 of.2t)25 in S.A. No. 125 of 2025 and adjudicating the Interlocutory Application'as illegal, arbitrary and violative of principles of natural justice anpl Articles 14, 19, 21 and 300 A of the Constitution of India and Respondent Tribunal to expedite the consequently direct the 1 proceedings and to dispose of the I.A. No. 723 of 2025 in S.A. No. 125 of 2025 by following due process of law. 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 all further proceedings in Cr.M.P. No. 6 of 2025 in CF No. 420 of 2024 on the file of the Chief Judicial Magistrate, Machilipatnam including takeover of possession by the Advocate Commissioner of petitioner immovable property i) all that part and parcel of an extent of 225 square yards of house site, together with a RCC building thereon door no.
5-81/A in RS No. 63/2 and assement No. 524 of Annapanenivarigude m in Velpucherla Village of Musunuru Mandal, Eluru District, Andhra Pradesh, hereinafter referred to as the schedule property, and the Possession Notice dated: 15-02-2025 issued by the Advocate Commissioner and the published possession notice dated 28.10.2024 by the Respondent Bank under Sections 13 (4) and under Rule 8(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, pending disposal of the Writ Petition. Counsel for the Petitioners; SRI Y. SATYARTHA representing SRI K. V. ADITYA CHOWDARY Counsel for the Respondents: — The Court made the following: ORDER
1 HCJ & RRR, J WP 12809 2025 APHC010252962025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-27 AT AMARAVATI [3446] WRIT PETITION NO: 12809 of 2025 Kadali Satya Narayana and another ...Petitioners Vs. The Debts Recovery Tribunal and others ...Respondents ********** Advocate for Petitioners Mr. Y. Satyartha representing Mr. K V Aditya Chowdary Advocate for Respondents
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 8*'^ May, 2025 DATE P C : The petitioners claim that they had already approached the Debts Recovery Tribunal, Visakhapatnam by way of an SA in which the next date of hearing has been fixed on 14.05.2025. It is stated that the Tribunal did not at all consider the prayer of the petitioners for grant of interim protection in the lA that had been filed along with the S.A. Considering the limited nature of controversy, we dispose of this Writ Petition with a direction to the Debts Recovery Tribunal, Visakhapatnam, to
2 HCJ & RRR, J WP 12809_2025 consider IA.No.723 of 2025 in SA.No.125 of 2025 and pass appropriate orders. Till appropriate orders on the I.A, status quo be maintained with regard to the possession of the petitioners. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.
Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// OFFICER To,
1. The Chairman, Debts Recovery Tribunal, Visakhapatnam.
2. The Authorized Officer, Bank of Baro'da, Nuzvid Branch, Rakshit Kachhap, Door No. 17-248, Chinna Gandhi Bomma Center Bus Stand Nuzvid, Krishna District, Andhra Pradesh - 521201.
3. .The Branch Manager, Bank of Baroda, Nuzvid Branch, Krishna District, Road, Andhra Pradesh.
4. One CC to Sri K. V. Aditya Chowdary, Advocate [OPUC]
5. Three CD Copies. ssb
w HIGH COURT DATED:08/05/2025
ORDER WP.No.12809 of 2025 ANOS^ % 27 MAY 2025 ^ Currenl Action . ^spatch*&5 DISPOSING OF THE W.P. WITHOUT COSTS