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2025 DAILYLAW 18553 (AP)

M/s Laxmi Furals Private Limited, v. Union of India,

WP/12862/2025 · 2025-05-07

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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-lx IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) i THURSDAY. THE EIGHTH DAY OF MAY (l TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 12862 OF 2025 Between: 1. M/s Laxmi Furals Private Limited, R.S.No. 752/1, Avapadu Village, Nallajerla Mandal, East Godavari District, Andhra Pradesh. Represented by its Managing Director, Mantena Veera Venkata Satyanarayana Raju. 2. Mantena Veera Venkata Satyanarayana Raju, S/o. Venkata Rama Raju, aged 62 years, Occ Managing Director, M/s. Laxmi Furals Private Limited, R/o. H.No. 1-49-25/1, Besides-Satyam Departmental Stores, Aerodrum Road, Tadepalligudem, West Godavari District. ...PETITIONER(S) AND Union of India, Ministry of Finance and Company Affairs, (Department of Economic Affairs), (Banking Division), Represented by its Secretary, 3rd Floor, Jeevan Deep Building; SansadMarg, New Delhi-110001. The Reserve Bank of India, Rep. by its Regional Manager, 6-1-56, Secretariat Road. Saifabad,.:Hyderabad-500 004. The Authorized Officer and The: Chief Manager, The Union Bank of India, Railway Station Road Branch, Tadepalligudem Branch, Tadepalligudem- 534101. 2. 3. ...RESPONDENTS : , i Petition under Article 226 of the Constitution of India praying that , in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue any writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the Third Respondent bank in attempting to dispossess the Petitioner and his family members from his residential house (G 1) bearing D.No. 1-49-25/1, comprised in L.P.No. 431/86, Plot No. 11, R.S.No. 1 admeasuring 433.33 Square Yards situated at Kadakatia, Tadepalligudem, West Godavari District through the Advocate Commissioner pending S.A. No. 140/2025 and I.A.No. 843 of 2025 in S.A.No. 140/2025 before the Honhie Debts Recovery Tribunal, Visakhapatnam illegal, arbitrary and violative of Art. 14, 21 and 300-A of Constitution of India apart from principles of natural justice and consequently to direct the Third Respondent bank to grant 3 months time to discharge entire loan amount. may as 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 Third Respondent Bank not to interfere and not to dispossess the Petitioner and his residential house (G+1) bearing D.No. 1-49- 25/1, comprised in L.P.No. 431/86, Plot No. 11, R.S.No. 1 admeasuring 433.33 Square Yards situated at Kadakatia, Tadepalligudem, West Godavari District pending disposal of Writ Petition. Counsel for the Petitioner(s):SRI RAMBABU KOPPINEEDI Counsel for the Respondent No.1: SRI P PONNA RAO (CENTRAL GOVT) Counsel for the Respondent No.2:— Counsel for the Respondent No.3: M/s DYAMANI The Court made the following: ORDER APHC010257352025 IN THE HIGH COURT OF ANDHRA PRADESH • AT AMARAVATI WRIT PETITION NO: 12862 of 2025 M/s Laxmi Furals Private Limited and others Bench Sr.No:-28 [3446] 0:^0 01 • Petitioners Vs. Union of India and others ...Respondents ********** Advocate for Petitioners Advocate for Respondents Mr. Rambabu Koppineedi Mrs. V. Dyumani for R.3 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE ■■ 8*'’ May, 2025 PC: Since the petitioners having availed the alternative remedy, no case is made out for interference under Article 226 of the Constitution of India. The Writ Petition is found to be without dismissed. No order as to costs. Miscellaneous applications pending, if any are already before the Debts Recovery Tribunal merit and is accordingly shall stand closed. SD/- K. TATA RAO DEPUTYREGISTRAR //TRUE COPY// rv SECTION OFFICER To, 1. OneCCto SRI. r 2. One CC to SRI.P. PONNA 3. One CC to M/s. DYAMANI, 4. Three C.D. Copies rambabu KOPPINEEDI, RAO, Advocate fOPUCJ Advocate [OPUC] Advocate fOPUC] nm 4# HIGH COURT DATED:08/05/2025 ORDER WP.No.12862 of 2025 DISMISSING THE WP WITHOUT COSTS