APHC010281292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 14207 OF 2025 Between: Sri Kaki Satish, S/o Kaki Nageswara Rao (late), Aged 38 yrs ,D.No.2- 37, High School Road , Kamavarapukota, West Godavari-534449 ...Petitioner AND 1. Union of India, Ministry of Finance, Represented by its Secretary, Sastry Bhavan, New Delhi. 2. M/S Cholamandalam Investment and Finance Company Limited, Rep., by its Authorised Officer Mr Pagadala Chaitanya Kumar S/o P Srinivasa Rao, Aged 40 yrs, D.No. 59- 14-24, 1st Floor, Shanthi Plaza , Gayathri Nagar, Near Benz Circle, Vijayawada , Krishna(NTR) District. 3. N Divya Naga Sai, Advocate Commissioner, (Appointed by the Chief Judicial Magistrate, Cum Principal Senior Civil Judge, Eluru) Eluru. 4. The Station House Officer, Tadikalapudi Police Station, West Godavari District. 5. Kaki Pavan Kumar, S/o Nageswara Rao (late) Aged 34 yrs, R/at Jangareddygudem, Maruthi Nagar, West Godavari District ...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 or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents particularly the 2nd respondent in filing applications Under Section 14 of SARFEASI Act before the Chief Judicial Magistrate Cum Principal Senior Civil Judge at Eluru there by obtained an Order in CRL MP No.89/2025 dt.06.03.2025 by suppressing the earlier Petitions U/s 14 of SARFEASI Act vide CRL MP No.86/2024 and CRL MP NO. 133/2022 for the same relief and on the same subject matter against the same property on that the respondents trying to take out physical possession of the property covered under the Schedule in CRL MP No.89/2025 by showing the Expired Commissioner Warrant dt.06-03-2025 without obtaining any new or fresh warrant there by curtailing the rights of the petitoiner undivided share in the joint family property all are Illegal, Unlawful, Violation of Specified Act (Sarfeasi), violation of Principles of Natural Justice, Violation of Article 14,19,21,300-A of the Constitution of India, Violation of Rulings of this Hon'ble Court Consequently to direct the respondents 2 to 4 not to take any Coercive Steps as against the Petitioner undivided share in the property covered in CRL MP No.89/2025 on the file of Chief Judicial Magistrate Cum Principal Senior Civil Judge, Eluru till the finalization of the S.A.(Diary) No.880/2025 on the file of D.R.T., Visakhapatnam filed by the petitioner. 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 respondents 2 to 4 not to take any Coercive Steps as against the Petitioner's undivided share in the joint family property covered under the schedule in CRL MP No.89/2025 on the file of Chief Judicial Magistrate Cum Principal Senior Civil Judge, Eluru including by execution of the Warrant by taking out physical possession of the property pending disposal of the main Writ Petition. Counsel for the Petitioner; SRI LEELA SAI SAMPATH APPEARING VICE SRI JANGAM VARUN ROY Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent No. 2: SRI KUNUKU RAJA SEKHAR Counsel for the Respondent No. 4: GP FOR HOME The Court made the following order: % APHC010281292025 Bench . Sr.No:-36 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 14207 of 2025 Sri Kaki Satish ...Petitioner Vs. Union of India and others ...Respondents ********** Advocate for Petitioner: Mr. Leela Sai Sampath appearing vice Mr. Jangam Varun Roy Mr. Kunuku Raja Sekhar Advocate for Respondents; CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO : 3'^'’ July, 2025. DATE P C : Learned counsel for the parties agree that the time within which the warrant of possession must be executed under Section 14 of the SARFAESI Act, 2002, has since expired. Learned counsel for the respondent - Bank submits that fresh steps will be taken to get a fresh warrant and proceed in accordance with the relevant Rules. The present writ petition is accordingly disposed of. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR ' SECTION OFFICER //TRUE COPY// To, 1. The Secretary, Union of India, Ministry of Finance, Sastry Bhavan, New Delhi. 2. The Authorized Officer, Cholamandalam Investment and Finance Company Limited, Mr Pagadala Chaitanya Kumar S/o P Srinivasa Rao, Aged 40 yrs, D.No. 59- 14-24, 1st Floor, Shanthi Plaza , Gayathri Nagar, Near Benz Circle, Vijayawada , Krishna(NTR) District. 3. The Station House Officer, Tadikalapudi Police Station, West Godavari District. 4. One CC to Sri. Jangam Varun Roy Advocate [OPUC] 9v6ne CC to Sri. Kunuku Raja Sekhar Advocate [OPUC] 6. One CC to Additional Solicitor General of India [OPUC] tVTwo CCs to GP for Home, High Court of Andhra Pradesh [OUT] 8. Three CD Copies GSC t*' HIGH COURT DATED:03/07/2025 ORDER WP NO. 14207 OF 2025 j DISPOSING THE WP WITHOUT COSTS