IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH T AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 12941 OF 2025 Between: Tirumalasetty Sai Pramod, S/o. Vijaya Bhaskar Rao Aged 31 Proprietor, of Syspro Transport and Associates, Situated at D.No.43-166 Phase 1-2, Auto Nagar Road, Ward No.1, Guntur, Guntur District. years, Occ ...PETITIONER AND 1. Union Bank of India, Represented by its Authorized Signatory, Kothapet Branch, Guntur, Guntur District. 2. M/s. PNS Cotton Syndicate, Represented by its proprietor, Pedapudi Nava Jyothi, R/o. Flat.No.502, 5**^ Floor, Amrithvarshini Apartments, Inner Ring Road, Gorantia, Guntur District. 3. Mrs. Pedapudi Nava Jyothi, R/o. Flat.No.502, 5th Floor, Amrithvarshini Apartments, Inner Ring Road, Gorantia, Guntur District. 4. Mr. Pilli Sowri Babu, S/o. Aseervadam, Aged 60 years, R/o. D.No.60, S.No.984, Phase.l and II, Autonagar, Pedakakani, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 1 the High Court may Respondent in obtaining orders of physical possession U/Sec. 14 of SARFAESI Act in Crl.M.P.No.239 of 2025 dt. 19.04.2025 passed by the Court of the Principal Assistant Sessions Judge, Guntur-cum-Chief Judicial Magistrate, Guntur, followed by the Vacate Notice dt.24.04.2025 issued by the Advocate Commissioner, despite pendency of S.A. No.289 of 2024 filed by the petitioner before Debt Recovery Tribunal, Visakhapatnam, as arbitrary illegal unlawful, contrary to the provisions of SARFAESI Act and Rules 2002, violative of Principles of Natural Justice, Article 14, 21, 300-A of the Constitution of India, Consequently set-aside the Orders in CrI.M.P.No 239 of 2025 dt. 19.04.2025 passed by the Court of the Principal Assistant Sessions Judge, Guntur-cum-Chief Judicial Magistrate, directing the respondents not to dispossess the petitioner from the premises admeasuring an extent of 266.66 Sq.Yards in Plot.No.60, Door.No.8-28- 294, Ward No.1, Phase.No.1, Autonagar, Guntur City, Guntur District, till disposal of S.A.No.289 of 2024 before Debt Recovery Tribunal, Visakhapatnam. Guntur, by 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 grant stay of all further proceedings of the execution of the warrant in CrI.M.P.No 239 of 2025 dt. 19.04.2025, passed by the Court of the Chief Judicial Magistrate-cum-Principal Assistant Sessions Judge, Guntur, pursuant to the Vacate Notice issued by the Advocate Commissioner dt.24.04.2025, thereby not to dispossess / evict the Petitioner from the premises admeasuring an extent of 266.66 Sq.Yards in Plot.No.60, Door.No.8-28-294, Ward No.1, Phase.No.1, Autonagar, Guntur City, Guntur District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI DODDAKA HARSHA VARDHAN Counsel for the Respondent No.1: M/s. V. DYUMANI, SC FOR UBI Counsel for the Respondent Nos.2 to 4:— The Court made the following: ORDER 1 HCJ & RRR,J WP 12941 2025 ai- Bench Sr.No:-29 [3446] APHC010258132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 12941 of 2025 ...Petitioner Tirumalasetty Sai Pramod Vs. ...Respondents Union Bank of India and others *ic4e’k'kic*ic’k’k Mr. Doddaka Harsha Vardhan Advocate for Petitioner Advocate for Respondents Mrs. V. Dyumani for R.1 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRIJUSTICE R RAGHUNANDAN RAO DATE : 8th May 2025 PC : The petitioner claim that he 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 petitioner for grant of interim protection in IA.No.1674 of 2025 that had been in S.A.No.289 of 2024. Considering the limited nature of the controversy, we dispose of this Writ Petition with a direction to the Debts Recovery Tribunal, Visakhapatnam, tp consider IA.No.1674 of 2025 in SA.No.289 of 2024 filed by the applicant and pass appropriate orders. Till such time as orders are passed on 2 HCJ & RRR,J WP 12941 2025 IA.No.1674 of 2025, status quo be maintained with regard to the possession of the petitioner. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR f- % //TRUE COPY// SECTION OFFICER To, 1. The Debt Recovery Tribunal, Visakhapatnam. The Principal Assistant Sessions Judge-cum-Chief Judicial Magistrate, Guntur. The Authorized Signatory, Union Bank of India, Kothapet Branch Guntur, Guntur District. One CC to Sri Doddaka Harsha Vardhan, Advocate [OPUC] One CC to M/s. V. Dyumani, SC for UBI [OPUC] Three CD Copies. 2. 3. 4. 5. 6. ssb HIGH COURT DATED:08/05/2025 ORDER WP.No. 12941 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS