1 Neutral Citation:__________ Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010465232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 23671/2025 Between: 1. MANGALA KESAVA RAO, W/O KESAVA RAO, D.NO.49-54-7/2, PLOT NO.48, RK NAGAR, BALAYYASHASTRY LAYOUT, SEETHAMMADHARA, VISAKHAPATNAM. ...PETITIONER AND 1. THE DEBT RECOVERY APPELLATE TRIBUNAL, AT KOLKATA, REP BY ITS REGISTRAR 7TH FLOOR 9 OLD POST OFFICE ST BBD BAGH KOLKATA, WEST BENGAL 700001 2. THE DEBT RECOVERY TRIBUNAL, AT VISAKHAPATNAM, REP BY ITS REGISTRAR54, 31-32, CHITRALAYA ROAD, DABA GARDENSJAGADAMBA JUNCTION, VISAKHAPATNAMANDHRA PRADESH 530004 3. THE AUTHORIZED OFFICER AND ASSISTANT GENERAL MANAGER, UNION BANK OF INDIA, ASSETRECOVERY BRANCH 2 D.NO.26-15-150 ANDHRA BANK BUILDING CHANGALRAOPETA, VISAKHAPATNAM- 530001. 4. M/S BRIHANT INFRATECH PVT LTD, REP. BY ITS MANAGING DIRECTOR, KONENI VENKATESWARA RAO, D.NO.205, 1ST FLOOR, GVK PLAZA, SEETHAMPETA, VISAKHAPATNAM. ...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 to issue any writ, order or direction more in the nature of a Writ of Certiorari calling for the records on the file of Debt Recovery Appellate Tribunal relating to the order dated 25.07.2025 in Appeal No. 217 of 2018 arising out of SA No. 115 of 2014 before the Debt Recovery Tribunal, Vishakhapatnam and quash the same and or any other appropriate writ and/or pass 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 dispense with the filing of the order dated 25.07.2025 in Appeal No. 217 of 2018 arising out of SA No. 115 of 2014 before the Debt Recovery Tribunal, Vishakhapatnam and 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 grant interim stay on all further proceedings in SA No. 115 of 2014 before the Debt Recovery Tribunal, Vishakhapatnam; thereby directing the Respondents herein to not take any steps against the Petitioner herein until the disposal of this Writ Petition and pass IA NO: 1 OF 2026 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 May be pleased to permit the petitioner to serve the notice on respondent No.4 through substituted service under Order V Rule 20(1) C.P.C. by publishing the same in any vernacular daily newspaper, Visakhapatnam District edition in Telugu Language and pass 3 Counsel for the Petitioner: 1. SAI MANOJ REDDY L Counsel for the Respondent(S): 1. V DYUMANI 2. 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO. 23671 of 2025 ORDER: (Per Hon’ble Sri Justice A.Hari Haranadha Sarma) This Writ Petition is filed questioning the order passed by the Debts Recovery Appellate Tribunal, Kolkata (for short ‘the D.R.A.T’), dated 25.07.2025 in Appeal No.217 of 2018 arising out of S.A.No.115 of 2014 on the file of Debts Recovery Tribunal, Visakhapatnam (for short ‘the D.R.T’). 2. Heard both sides. 3. The grievance of the petitioner is that while remanding the appeal filed by the respondent-bank against the order of the D.R.T, wherein the writ petitioner was successful in establishing her priority of title over the property certain remarks were made and the petitioner apprehends that the D.R.T would carried out such remarks and observations made by the D.R.AT. 4. Answering the same, learned counsel for the respondent-bank submitted that the respondent-bank has no objection for a direction that the D.R.T may consider the material on record on its own merits uninfluenced by any of the observations made by the D.R.A.T. Learned counsel further submits that the property claimed by the petitioner is different from the property offered as security to the bank. Since the gamut of the dispute is very narrow and simple i.e., whether the property claimed by the writ petitioner was 5 mortgaged to the bank and whether the property mortgaged to the bank is different from the property claimed by the writ petitioner and that is going to be the subject for consideration before D.R.T, we are inclined to dispose of the Writ Petition with a direction to the D.R.T to consider the matter De novo basing on the material that may be placed by both the parties, after affording them fair and reasonable opportunity and decide the matter uninfluenced by any of the observations made by the D.R.A.T with regard to the lis between the parties. 5. Accordingly, with the above directions this Writ Petition is disposed of. If the writ petitioner feels it necessary she may file appropriate application seeking interim relief pending disposal of the S.A before the D.R.T. However, to enable her to seek appropriate relief before the D.R.T., the respondent-bank is directed to maintain status-quo as on this day with regard to the subject property in dispute for a period of Six (6) weeks from today. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A.HARI HARANADHA SARMA Dated: 23.06.2026 TM 6 Whether the order is: Speaking Reasoned Reportable Non-reportable 7 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 23671/2025 Dated: 23.06.2026 TM