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2025 DAILYLAW 21039 (AP)

Gadesina Gurava Reddy v. The Union of India,

WP/15089/2024 · 2025-04-28

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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r I ' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15089 OF 2024 Between: Gadesina Gurava Reddy, S/o. Late Gadesina Gurava Reddy, Aged 54 Years, R/o. D No. 20-2-472/7F, Maruthi Nagar, Maruthi Nagar, Tirupati, Tirupati District ...Petitioner AND The Union of India, Rep by its Secretary, Finance Department, New Delhi Axis Bank Limited, Rep by its Authorised Officer, Door No. 30-22-79, Sree Towers, 1®' Floor, Eluru Road, Seetharamapuram Circle, Vijayawada Andhra Pradesh 520002 Axis Bank Limited, Rep by its Branch Manager, Door No. 9/101/3, Ground floor, M R Palli Road Amaravati Nagar, Tirupati Town Tirupati District-517501 1. 2. 3. ...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, to declare the acts on the part of the respondents No. 2 & 3 in seeking to conduct E-Auction for the schedule properties as mentioned under Sec. 13 (2) Notice Dt. 19.12.2023 and consequential notice dated 31.6.2024 under Rule 8(1) of the said Rules without considering the objections / request letter made by the writ petitioner dated 18.1.2024 amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents No. 2 and 3 to consider the request made by the petitioner ‘ .dated 18.1.2024 till such time not to held E-Auction in the interest of justice. lA NO: 1 OF 2024 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 and 3 to consider the request made by the petitioner dated 18.1.2024 till such time not to held E-auction pending disposal of the above WP in the interest of justice. Counsel for the Petitioner: SRI T C KRISHNAN Counsel for the Respondent No.1: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GERENAL OF INDIA Counsel for the Respondents 2 & 3: Ms. SFRAVATHI KUNUKU REPRESENTING, Mr. KUNUKU RAJASEKHAR The Court made the following order: APHC010296712024 Bench Sr.No:-22 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI « WRIT PETITION No.15089 of 2024 ...Petitioner Gadesina Gurava Reddy Vs. ...Respondents The Union of India and others ********** Mr. T C Krishnan, Advocate for the Petitioner. Ms. Sravanthi Kunuku representing Mr. Kunuku Rajasekhar, Advocate for respondent Nos.2 & 3. CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 28‘^ April, 2025 DATE PC : Learned counsel for the respondent Bank fairly concedes that the process initiated by the respondent bank under the provisions of the Securitization and Reconstruction of Financial Assets and Security Interest Act, 2002 was not in accordance with law and, therefore, makes a statement that the notices already issued to the petitioner would stand withdrawn and that fresh process would be initiated against the petitioner. In that view of the matter, no further orders are required to the passed. The Writ Petition is, accordingly, disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA R.AO DEPUTY registrar SECTOfi OFFICER //TRUE COPY// To, 1. The Secretary, Finance Department, Union of India, New Delhi. w f The Authorised Officer, Axis Bank Limited, Door No. 30-22-79, Sree Towers, '1st Floor, Eluru Road, Seetharamapuram Circle, Vijayawada Andhra Pradesh 520002 The Branch Manager, Axis Bank Limited, Door No. 9/101/3, Ground floor, M R Palli Road Amaravati Nagar, Tirupati Town Tirupati District - 517501 One CC to Sri T C Krishnan, Advocate [OPUC] One CC to Sri Kunuku Rajshekar, Advocate [OPUC] One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India [OPUC] Two CD Copies 2. 3. 4. 5. 6. 7. RAM HIGH COURT DATED:28/04/2025 \ 01 MAY 2025 Current Section ^*C£eSPATC'^ ORDER WP.No.15089 of 2024 DISPOSING OF THE WP WITHOUT COSTS