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2025 DAILYLAW 19222 (AP)

PALLA LAKSHMI DHARAN v. THE KARUR VYSYA BANK

WP/13775/2023 · 2025-03-28

Dhiraj Singh Thakur, Ravi Cheemalapati

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) / FRIDAY, THE TWENTY EIGHTH DAY OF MARCH ( TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13775 OF 2023 ^ Between: 1. Palla Lakshmi Dharan, s/o Late Palla Ashok Kumar, Aged about 16 years, (DOB.26-1-2007) Minor. 2. Palla Prasoon Tej, s/o late Palla Ashok Kumar, aged about 12 years, (DOB.18-12-2011) minor. (Both reptd by maternal Grand Father/natural guardian Sri D.R.Surendra Babu s/o D.R.Rangaiah r/o D.No. 103, 33 S.R.EIite Apartments Owners Court West Shall Petrol Pump Kasavanahalll village Sajjapur road/central jail road, Bangalore (south) city) ...PETITIONER’S AND 1. The Karur Vysya Bank, reptd by its Branch Manager Bangalore road, Hindupur town, Satya Sai District 2. The Karur Vysya Bank, reptd by its Zonal Manager CPC Loans, D.No. 6-8-1250, floor, Priya towers, KT Road, Anna Rao circle Tirupati town and district 3. The Karur Vysya Bank, rdptd by its authorized officer Assets Recovery Branch, d.no. 5-8-356 to 362, III floor chirag ali lane, Abids, Hyderabad 1 / ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, proceeding or a writ of ^ , mandamus declaring the action of the respondents in particular respondent impugned notification dt. 6-5-2023 published in Financial Express English Newspaper, and bringing the properties of the ./mo.3 in issuing the minors/petitioners for sale on 15-6-2023 without following the due process of law and in violation of the principles of natural justice and in violation of of the SARFAESl Act 2002 and the rules appended therein. the provisions and in violation of the Hindu Guardians And Wards Act as illegal arbitrary unconstitutional and consequently set aside the said notification and issued by Respondent no.3 dt. 6-5-2023 and further to direct the respondent Bank not to proceed in putting for sale in public auction or any sale wifh the immovable properties of the type of auction or minors/petitioners as shown in the irhpugned notification dt. 6-5-2023. lA NO: 1 OF 2023 Petition under Section 151 CPC is filed 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 including the stay of the proposed sale of the immovable properties in a public e-auction by the Respondent no.3 as notified in the impugned notification issued by Respondent no.3 Dt. 6-5-2023 published in an english newspaper. Counsel for the Petitioner’siSRI. S S BHATT / Counsel for the Respondent No’S. 1 to 3:SRI SREEDHAR VALIVETI ^ The Court made the following ORDER: X APHC010268392023 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-i8 AT AMARAVATI SMS [3483] WRIT PETITION NO: 13775 of 2023 Palla Lakshmi Dharan and others ...Petitioners Vs. The Karur Vysya Bank and others ...Respondents ********** Advocate for Petitioners Advocate for Respondents Mr. S S Bhatt Mr. Sreedhar Valiveti CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI ; 28th March 2025 DATE P C : In view of the fact that the petitioners have alternative remedy before the Debts Recovery Tribunal, we give liberty to the petitioners to approach the said forum. The Writ Petition is, accordingly, disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR an equally efficacious //TRUE COPY// SECTION OFFICER To, 1. The Branch Manager, Karur Vysya Bank, Bangalore road, Hindupur town, Satya Sai District 2. The Zonal Manager, Karur Vysya Bank, CPC Loans, D.No. 6-8- 1250, 3'”'^ floor, Priya towers, KT Road, Anna Rao circle Tirupati town and district 3. The authorized officer Assets Recovery Branch, Karur Vysya Bank, d.no. 5-8-356 to 362, III floor chirag ali lane, Abids, Hyder^^ad 1 4. One CC to SRI. S S BHATT, Advocate [OPUC] 5. One CC to SRI. SREEDHAR VALIVETI, Advocate [OPUC] 6. Three CD Copies PRK HIGH COURT DATED:28/03/2025 ORDER ANO(5^5^ *■ 2« MAR 20K I ^ . Curfenl Section WP.No.13775 of 2023 DISPOSING OF THE W.P. WITHOUT COSTS