SMT MADDIPOTI SATYAVATHI v. THE AUTHORIZED OFFICER
WP/13787/2025 · 2025-05-21
K Suresh Reddy, Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19675 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19675 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY JHE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY AND THE HONOURABLE DR JUSTiCE Y. LAKSHMANA RAO WRIT PETiTION NO: 13787 OF 2025 Between: Smt Maddipoti Satyavathi, W/o Garatayya Aged about 71 years, R/o Old Door No. 4-76, new Door No. 102-5-165, M.G.Road , near Masque, Bommuru, Rajamahendravaram Rural. East Godavari District. ...PETITIONER AND :r-'
1. The Authorized Officer, ICICI Home finance, D.No. 16-11-20/6/6/1/1,1st Floor, Opp TV Tower Malakpet, new Musarambagh Metro Station, Dilsukhnagar. Hyderabad-500036
2. Mr. Pynda Ravikanth, S/o Kameswara Rao Aged 44 years, R/o Fiat NO.11, MIG-II, Block NO. 23; APHB Colony, New Nallakunta, Baghlimpalli, Musheerabad, Hyderabad. And also at Achaiahnagar, 1-8- 747-2, Hyderabad, Telangana-500044
3. Mrs. Pynda Leela Saivardhapi, W/o Mr. Pynda Ravikanth, Aged 40 years, R/o Flat No.11, MIG-II, Block No. 23, APHB Colony, New Nallakunta, Baghligampalli, Mushirabad. Hyderabad. 4. The Debt Recovery Tribunal, Rep by its Registrar, 31-32-54, Chitralaya Road, Near Leelamahal Road Daba Gardens, Jagadambha Centre, Visakhapatnam. %■'V.
...RESPONDENTS 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 to issue a writ, order or direction particularly one in the nature of writ of MANDAMAS- to declare the action of the 4th Respondent in not deciding the I.A.No. 1909 of 2025 in S.A.No. 176 of 2025 and the action of the 1®‘ Respondent Financial Institution in making attempts to take over the Possession/eviction of the SA Schedule of Property i.e. All that building with new Door No.102- 5-165, M.G.Road near Masque, Bommuru, Rajamahendravaram Rural, East Godavari District, SRO, Kadiyam, with a boundaries East House of P.Satyam, North Property of M.Sambhoji Rao, South Raja Veedhi, West Others' property , pursuant to the Notice Dated 11.4.2025 issued by the Advdcate Commissioner appointed by the Principal Assistance Sessions Judge-Cum-Chief Judicial Magistrate, Rajamahendravaram allegedly initiated under Section 14 of SARFAESI Act 2002, is illegal, arbitrary, contrary'to the Provisions of Securitization and Reconstruction of Financial Assets and Security Interest Act, 2002 (SARFAESI Act), consequently direct the 1 St Respondent Bank not to take Possession/eviction of the SA Schedule of Property i.e. All that building with new Door No.102-5-165, M.G.Road near Masque, Bommuru, Rajamahendravaram Rural, East Godavari District, till the I.A.NO.
1909 of 2025 in SA.No. 176 of 2025 before the DRT, Visakhapatnam is decided. 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 1 Respondent Bank not to take Possession/eviction of the SA Schedule of Property i.e. All that building with new Door No. 102-5- 165, M.G.Road near Masque, Bommuru, Rajamahendravaram Rural, East Godavari District, till the I.A.NO. 1909 of 2025 in SA.No. 176 of 2025
,/ r' ■ ./before the DRT, Visakhapatnam is decided. Pending Disposal of this Writ Petition. / / Counsel for the Petitioner(s): SRI. S SYAMSUNDER RAO Counsel for the Respondent Nos.1 to 4: NONE APPEARED The Court made the following: ORDER
APHCO10275722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3534] THURSDAY ,THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 13787 OF 2025 Between: Smt Maddipoti Satyavathi ...PETITIONER AND The Authorized Officer and Others ...RESPONDENT(S) I r Counsel for the Petitioner: ( f 1.SSYAMSUNDERRAO Counsel for the Respondent(S):
1. The Court made the following:
ORDER:- (perHon’ble Sri Justice K. Suresh Reddy)
Learned counsel for the petitioner states that he has already approached Debts Recovery Tribunal, Visakhapatnam by filing S.A, which is numbered as S.A.No. 176 of 2025. Along with said Appeal, he has also filed I.A.No. 1909 of 2025 seeking stay of all further proceedings. No orders have so far been passed in the said Interlocutory Application, is the main grievance in this Writ Petition. In the meantime, it is stated that an Advocate/
1 Commissioner has been appointed, who i from the secured asset. IS likely to dispossess the petitioner
2. Considering the limited controversy, this Writ Petition is disposed of at the admission stage, with a direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of I.A.No. 1909 of 2025 in S.A.No.176 of 2025 merits, within a period of six (06) weeks from the date of this order. Until such time, status secured asset. There shall be no order as to costs. on receipt of a copy of quo shall be maintained with regard to the
3. Consequently, miscellaneous petitions, if Petition shall stand closed. any, pending in this Writ Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. Th.e Debt Recovery Tribunal, Visakhapatnam.
2. The Authorized Officer, ICICI Home finance, D.No.16-11-20/6/6/1/1,1st Floor, Opp TV Tower Malakpet, new Musarambagh Metro Station, Dilsukhnagar. Hyderabad-500036
3. Mr. Pynda Ravikanth, S/o Kameswara Rao Aged 44 years, R/o Fiat N0.11, MIG-II, Block NO. 23, APHB Colony, New Nallakunta, Baghlimpalli, Musheerabad, Hyderabad. And also at Achaiahnagar, 1-8- 747-2, Hyderabad, Telangana-500044
4. Mrs. Pynda Leela Saivardhani, W/o Mr. Pynda Ravikanth, Aged 40 years, R/o Flat No.11, MIG-II, Block No. 23, APHB Colony, New Nallakunta, Baghligampalli, Mushirabad. Hyderabad.
5. The Debt Recovery Tribunal, Rep by its Registrar, 31-32-54, Chitralaya Road, Near Leelamahal Road Daba Gardens, Jagadambha Centre, Visakhapatnam.
6. One CC to Sri. S Syamsunder Rao, Advocate [OPUC]
7. THREE CD Copies AL
\' HIGH COURT DATED:22/05/2025 VACATION COURT
ORDER WP.No.13787 of 2025 g 2 i MAY 2025 Current section ^ DISPOSING OF THE W.P. WITHOUT COSTS