1 APHC010644682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] THRUSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 33408/2025 Between: 1. SLNS POULTRY FARM, REP. BY ITS PARTNER, BYNENI NAVEEN, S/O. NARASIMHULU, AGED ABOUT 30 YEARS, 1-54, KANEKAL CROSS, GOPULAPURAM, KANEKAL MANDAL, ANANTAPURAM DISTRICT ...PETITIONER AND 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY (FINANCE) NEW DELHI. 2. 2. THE KARNATAKA BANK LTD, REP. BY ITS CHAIRMAN CUM MANAGING DIRECTOR, POST BOX NO. 599, MAHAVEERA CIRCLE, KANKANADY, MANGALORE - 575002. KARNATAKA STATE. 3. 3. THE BRANCH MANAGER, KARNATAKA BANK, BOMMANAHAL BRANCH, ANANTAPURAM DISTRICT. 4. 4. THE AUTHORIZED OFFICER, KARNATAKA BANK, POST BOX NO. 599, MAHAVEERA CIRCLE, KANKANADY, MANGALORE - 575002. KARNATAKA STATE ...RESPONDENT(S): 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 topleased to issue a writ or order more particularly one in the nature of writ of mandamus or an appropriate writ or order declaring the possession notice dt. 11-11-2025, issued by the 4th respondent with regard to the mortgage properties for availing the loan facilities alleging that the petitioner 2 firm failed to repay the entire loan amount as per the demand notice dt. 23- 06-2025 to an amount of Rs. 8,02,04,156.49/- which is the outstanding balance without considering the objections dt. 27-07-2025, of the petitioner, as illegal, arbitrary and unconstitutional and consequently direct the respondents 2 3 to consider the request made by the petitioner for rescheduling of the loan repayment, and to pass s IA 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 Pleased to suspend the possession notice dt. 11-11-2025, issued by the 4TH respondent with regard to the mortgage properties for availing the loan facilities alleging that the petitioner firm failed to repay the entire loan amount as per the demand notice dt. 23-06-2025 to of Rs. 8,02,04,156.49/-, pending disposal of the writ petition and other orders as this Hon’ble court deem fit and justice. an amount pass IA NO: 2 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 Pleased to direct the respondents 2 & 3 to reconsider the representation dt. 27-07-2025, made for rescheduling of the loan for repayment, by giving 8 months’ time, for commencing the repayment schedule, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. SRAVAN KUMAR MANNAVA 2. BACHINA HANUMANTHA RAO (CENTRAL GOVT COUNSEL) The Court made the following: 3 THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA W.P. No.33408 of 2025 O R D E R: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma) 1. The present Writ Petition is filed questioning the possession notice dated 11.11.2025, which was issued by respondent No.4 in respect of the properties mortgaged for availing the loan facilities on the ground that the writ petitioner failed to repay the entire loan amount of Rs.8,02,04,156.49/- which is the outstanding balance. Petitioner claims that the notice is issued without considering the objections of the writ petitioner dated 27.07.2025. Case of the petitioner: 2(i). The writ petitioner firm availed a loan for establishing poultry farm. Respondent No.3 sanctioned the loan vide credit sanctioned intimation letter dated 11.10.2019, by granting a term loan of Rs.7,58,00,000/- for establishment of new one lakh birds’ capacity poultry farm and Rs.1,12,00,000/- to meet the first batch of the birds’ expenditure. Thereafter, respondent No.3 Bank further sanctioned an amount of Rs.50,00,000/- vide credit sanctioned intimation letter dated 31.12.2021. (ii). The writ petitioner was regular in repaying the loan amount as per the schedule till January, 2025. There was an outbreak of bird flu virus in the entire southern India in the month of March, 2025. Around 45,000 birds died due to bird flu, which caused substantial loss to the writ petitioner. The same 4 was intimated to respondent No.3 and a request was made vide letter dated 22.02.2025 for postponement of term loan repayments and financial support due to operational losses, for purchase of the birds to start the business, but there was no reply. (iii). Demand notice dated 23.06.2025 got issued by Respondent No.4 demanding the writ petitioner to pay the total outstanding balance of Rs.8,02,04,156.49/- and further directed the writ petitioner not to alienate the mortgaged properties. Ignoring the payments made on 31.03.2025, the accounts of the writ petitioner were classified as Non-Performing Assets on 08.05.2025. (iv). Respondent Nos. 2 and 3 are under obligation to consider the RBI guidelines for rescheduling of the loans whenever a natural calamity occurred. The outbreak of the bird flu is also a natural calamity and the same is caused closure of the farm for nearly four months. Writ petitioner made a request for rescheduling of the loan. (v). During hearing, it is brought to the notice of the Court that the respondent-Bank issued sale notice dated 06.04.2026. Answering the same, the learned counsel for respondent-Bank stated the same is not the subject matter of the present writ petition. In reply for the same, Mr. Idamakanti Koti Reddy, learned counsel for the petitioner would submit that an application for amendment and impleadment of Respondent No. 5 is moved. Learned counsel Sri. Sravan Kumar takes notice for the proposed respondent/respondent No.5. 5 Hearing: 3. Heard Sri Koti Reddy Idamakanti, learned counsel for the petitioner and Sri Sravan Kumar Mannava, learned counsel representing respondent Nos.2 to 5. 4. It is relevant to note that representation dated 27.07.2025 has been answered by the identification committee of executives for identification of large defaulters and appropriate observations are made and in continuation of the same, letter dated 04.08.2025 was addressed by the respondent No.2 is also referring to the representation of the writ petitioner dated 27.07.2025. 5. Therefore, the grievance that the writ petitioner representation was not considered is not correct and the requirements under the notice dated 04.08.2025 appears to have not been not complied and the writ petitioner was advised to approach the Bommanhal Branch or Hyderabad Asset Recovery Management Branch with a concrete plan, if any, for repayment of dues etc. and also to submit an undertaking. 6. The writ petitioner claims that he suffered loss due to bird flu in respect of the business set up and the report of the concerned Bank also shows that he suffered the same. 7. The learned counsel for the respondent Bank would also submit that the repayment plan, along with the auditor’s certificate and the undertaking of the writ petitioner are required to be submitted, but the same were not submitted for appropriate consideration by the Bank officials. 6 8. Replying to the same, learned counsel for the petitioner would submit that if time is given, the writ petitioner will submit the details to the Bank. 9. In view of the discussion made above, we deem it proper to dispose of the writ petition, enabling the writ petitioner to submit the necessary information within two (02) weeks for necessary consideration by respondent Nos.2 and 3, and till such time of consideration of the representation as per norms, further coercive steps, like proceeding against the subject property, shall be deferred by respondent Nos.2 to 4. There shall be no order as to costs. 10. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A.HARI HARANADHA SARMA Date: 07.05.2026 SA 7 207 THE HON’BLE SRI JUSTICE BATTU DEVANAND and THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA W.P. No.33408 of 2025 Dt.07.05.2026 SA