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2025 DAILYLAW 20588 (AP)

Amara Chudamani Venkata Satya Sruthi, v. The Authorised Officer,

WP/17979/2025 · 2025-07-17

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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y APHC010288952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17979 OF 2025 Between: 1. Amara Chudamani Venkata Satya Sruthi, D/o. Amara Venkateswarlu, Aged about 17 years, occ; Student, R./o. D.No. 3-29-104/A/2, Krishna Nagar, 1®^ Line, Guntur. 2. Amara Rajeev Venkata Adithya Gupta, S/o. Amara Venkateswarlu, Aged about 15 years, occ; Student, R./o. D.No. 3-29-104/A/2, Krishna Nagar, 1st Line, Guntur. (1®‘ and 2nd Petitioners being minors represented by their mother Amara Lakshmi Sowjanya, W/o. Amara Venkateswarlu, Aged about 48 years, Occ Housewife, R./o. D.No. 3-29-104/A/2, Krishna Nagar, 1 Line, Guntur.) 3. Amara Sree Prateek, S/o. Amara Venkata Siva Ratna Kumar, about 13 years, Occ Student, R./o. D.No. 3-29-104/A/2, Nagar, 1st Line, Guntur. 4. Amara Venkata Sree Joshika, D/o. Amara Venkata Siva Ratna Kumar, Aged about 5 years, Occ Student, R./o. D.No. 3-29-104/A/2 Nagar, 1st Line, Guntur. St Aged Krishna Krishna (3'^'^ and 4**^ Petitioners being Amara Lakshmi Haritha, minors represented by their mother W/o. Amara Venkata Siva Ratna Kumar, Aged about 42 years, Occ Housewife, R./o. D.No. 3-29-104/A/2, Krishna Nagar, 1st Line, Guntur) 5. Amara Venkata Siva Ratna Kumar, S/o. Late Amara Satyanarayana Murthy, Aged about 44 years, occ Business, R./o. D.No.3-29-104/A/2, Krishna Nagar, 1st Line, Guntur. ...PETITIONERS AND 1. The Authorised Officer, Pridhvi Asset Reconstruction and Securitisation Company Limited, D.No. 1-55, Raja Praasadamu, 4 Masjid Banda Road, Kondapur, Hyderabad - 500084. 2. The Branch Manager, Karur Vysya Bank, Zinna Towers Centre Road, Guntur - 522001 Floor Wing - 1 Main ...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 more particularly one in the nature of Writ of Mandamus declaring the action of the DRT, Visakhapatnam in not passing orders in stay petition lA.No. 1135/2023 in SA. No.301 of 2023 despite bringing to its notice that respondent authorities initiated proceedings under Sec. 14 of SARFAESI Act followed by all further measures as being illegal, arbitrary, unconstitutional and consequently set aside the initiated under Sec. 14 of SARFAESI Act and further direct the not to take any coercive steps. lA NO: 1 OF 202.5 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 proceedings respondents stay of all further proceedings pursuant to proceedings under Sec. 14notice and Subsequent steps taken by Respondents or its agents under the SARFAESI Act, 2002, pending disposal of the above writ petition. Counsel for the Petitioners: M/s. M.CHARULATHA Counsel for the Respondents: — The Court made the following order: f APHC010288952025 Bench Sr.No:-1 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 17979 of 2025 / Amara Chudamani Venkata Satya Sruthi, and Others ...Petitioner(s) Vs. ...Respondent(s) The Authorised Officer and Others ■k-k-kifk-k-k'k-k-k Advocate for Petitioners: Mrs. M.Charulatha Advocate for Respondents: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE ; 18**’July 2025 PC : The petitioners claim that they had already approached the Debts Recovery Tribunal, Visakhapatnam, by way of an SA in which the next date of hearing has been fixed on 29.07.2025. It is stated that the Tribunal did not at all consider the prayer of the petitioners for grant of interim protection in the I.A. that had been filed along with the S.A. We dispose of this Writ Petition with a direction to the Debts Recovery Tribunal, Visakhapatnam, to consider 1. A. No. 1135 of 2023 in SA.No.301 of 2 wcj a RC, j W.P. No: 17979 of 2025 : f 2023 filed by the applicants positively on the next date of hearing and pass appropriate orders. Till then, status quo be maintained with regard to the possession of the petitioners. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. SD/- G. HELA NAIDU ASS!STANT>REGfSTRAR SEC^SfOFFICER //TRUE COPY// To, 1. The Debts Recovery Tribunal, Visakhapatnam. 2. The Authorised Officer, Pridhvi Asset Reconstruction and Securitisation Company Limited, D.No. 1-55, Raja Praasadamu, Floor Wing - 1, Masjid Banda Road, Kondapur, Hyderabad - 500084. 3. The Branch Manager, Karur Vysya Bank, Zinna Towers Centre, Main Road, Guntur - 522001 4. One CC to M/s. M.Charulatha, Advocate [OPUC] 5. Two CD Copies. ssb f 9 HIGH COURT DATED: 18/07/2025 ORDER WP No.17979 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS