IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) | THURSDAY, THE EIGHTH DAY OF MAY \ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12777 OF 2025 Between: 1. Rajaputra Nagendra Babu, S/o. Sagar Singh, Aged about 65 years, Occ Manager of Sri Padmaja Associates, R/o.Sri Padmaja Towers, Ground Floor, Cramway Road, Bhavanipuram, Vijayawada-12. 2. Rajaputra Mahendra Karthik Singh, S/o. Nagendra Babu, Aged about 35 years R/o. Flat No.CI, Sri Padmaja Towers, Floor, M.P DAS Street, Cramway Road, Beside Swathi Theatre, Bhavanipuram. Vijayawada. Andhra Pradesh. ...PETITIONERS AND 1. Union Bank of India, Rep. by its Authorized Officer, Benz Circle Branch, NCBN Colony Sitara Towers, Benz Circle, Vijayawada. 2. The Branch Manager, Union Bank of India, Benz Circle Branch, NCBN ' Colony, Sitara Towers, Benz Circle, Vijayawada. 3. The Station House Officer, Bhavanipuram Police Station, Vijayawada. * 4. Kadapa Adhi Narayana, S/o. Raja Rao, R/o. D No. 20-680/1, Ksheeraja Nilayam, 6th lane. Gowri Shankar Nagar, Prasadampadu, Kanuru, Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in removing the unsecured movable assets of the petitioners from the shop in bearing D.No.76-8/9-12G in Rs. No. 72/2, Bhavanipuram, Vijayawada, Krishna District and withholding the same with them is illegal, arbitrary and violation of Article 14, 21 and 300 - A of the Constitution of India and to consequently direct the respondents to release the unsecured movable articles in favour of the petitioners forthwith. 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 respondents to release all the articles taken away by the respondents from shop bearing D. No. 76-8/9-12G in Rs. No.72/2, Bhavanipuram, Vijayawada, Krishna District in favour of the petitioners forthwith pending disposal of the petition Counsel for the Petitioners: SRI V. V. SATISH Counsel for the Respondent Nos t & 2:SMT. DYUMANI, SC FOR UBI Counsel for the Respondent No.3: GP FOR HOME Counsel for the Respondent No.4:™ The Court made the following: ORDER % APHC010253662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] b'.- THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12777/2025 Between: ...PETITIONER{S) Rajaputra Nagendra Babu and Others AND ...RESPONDENT{S) Union Bank Of India and Others Counsel for the Petitioner{S): 1.VVSATISH Counsel for the Respondent(S): 1. The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondents 1 and 2 in removing the unsecured movable assets from the shop bearing D.No.76-8/9-12G in R.S.No.72/2 of Bhavanipuram, Vijayawada, Krishna District and withholding the same, is illegal and arbitrary. Heard Ms. Priyanka, learned counsel representing Sri V.V. Satish, learned counsel for the petitioners and Smt. Dyumani, learned Standing Counsel, appeared for respondents 1 & 2 and Sri Ajay, learned Assistant Government Pleader for Home, appeared for respondent No.3. 2. SRS.J W.P.No.12777 of 2025 3. Learned counsel for the owner of petitioner would submit that the petitioner is premises bearing D No 76-8/1 11 cri n Bhavanipuram, Vijayawada The lowers. M/s Sri P H ^ the said premises to M/s Sr, Padmaja Associates. Adjacent to the petitioner has the said business unit the 2'""' a shop bearing N0.76-8/9-12G in R.S.No.72/2 as store-cum-godown by M/s Sri and the same has been used petitioner stood Padmaja Associates. The 2 rnade to some third repay the amount. The of Financial referred to on the . under Section 17 nd as a guarantor of the loan transactions parties (debtors). Subsequently, the debtors failed to respondents 1 & 2 invoked the Assets and Enforcement Securitisation Reconstruction i of Security Interest Act, 2002 (hereinafter as ‘the Act’). The 2"^ petitioner filed an appeal wc/e S.A.No.57 of 2025 Recovery Tribunal, Visakhapatnam said application, shop of the 2"^ petitioner. file of the learned Debts of the Act on 24,01.2025. Pending the removed unsecured movables from the respondents 1 & 2 Smt. Dyumani, learned following the procedure Standing Counsel, would submit that by resDonden, oonducted and the 4»’ respondent emerged as the auction purchaser of the 120. Thereafter, shop bearing No.76-8/9- er was appointed to take property. The inventory was conducted on 12 04 2025 recovered from the shop has been the Advocate-Commission possession of the whatever material of the Bank. Learned I issued to petitioner , and custody were kept under the counsel would also submit that three notices to remove the material. However, there iIS no response from the 2"^" petitioner, has been handed Learned counsel would submit that the shop 2"^ petitioner or the proper over to respondent No.4. If the person makes a proper application to the Bank same will be returned by following regarding the material, the the due process. 5. In reply, learned counsel for the petitioners a proper person will make a representation to regarding the material in the custody of the Bank. would submit that 2'^^ respondent No.2 petitioner or X. SRS,J W.P.No.12777 of 2025 6. Given the facts and circumstances of the case, the Writ Petition disposed of, at the stage of admission with the consent of both the counsel, giving liberty to the 2 IS learned petitioner or a proper person to make a representation to respondent No.2 regarding the material seized under the panchanama dated 12.04.2025. Upon filing of such representation, the learned respondent No.2 shall consider the same and pass appropriate orders strictly as the Rules. No order as to costs. nd As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Authorized Officer, Union Bank of India, Benz Circle Branch, NCBN Colony Sitara Towers, Benz Circle, Vijayawada. 2. The Branch Manager, Union Bank of India, Benz Circle Branch, NCBN Colony, Sitara Towers, Benz Circle, Vijayawada. 3. The Station House Officer, Bhavanipuram Police Station, Vijayawada. 4. One CC to Sri V. V. Satish, Advocate [OPUC] 5. One CC to Smt. Dyumani, SC for UBI [OPUC] 6. Two CC’s to GP for Home, High Court of A.P. at Amaravati[OUT] 7. Three CD Copies. To, ssb HIGH COURT DATED;08/05/2025 ORDER WP.No.12777of2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS