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2025 DAILYLAW 21627 (AP)

VEERA RAGHAVULU MUTYALA v. UNION OF INDIA

WP/15330/2025 · 2025-06-23

Dhiraj Singh Thakur, Ravi Cheemalapati

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUN TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15330 OF 2025 Between: Dr.Veera Raghavulu Mutyala, S/o. Satyanarayana Murthy, R/o. D.No. 17-2-3, Pallapu Street Palakollu, West Godavari District, Andhra Pradesh - 534260. ...Petitioner AND Union of India, Rep by its Secretary, Department of Financial Services Ministry of Finance, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi-110001. 1. 2. The Reserve Bank of India, 6 Sansad Marg, New Delhi-110001, Rep by its General Manager The ICICI Bank limited.. Rep. by its Chief Manager, Registered office at Hyderabad District, ICICI Bank, Gachibowli Financial District. The ICICI Bank Limited, Rep. by its Authorized Signatory, Registered office at D.N. 43-1-1, Manmohan Mansion, MG Road, Palakollu, Andhra Pradesh - 534 260. Chikkam Vamsi Krishna, S/o. Not Known, R/q. D.no. 9-68/9, 2nd Line, East Hanuman Nagar, Boduppal, Ghatkasar, Hyderabad. Presently residing at D.No. 17/2/3, Sai Bhargavi Eye Hospital, 0pp. Bsnl Office, Palakolu Municipality, Palakolu. 3. 4. 5. 6. Chikkam Bharathi, W/o. Chikkam Vamsi Krishna, S/o. Not Known, R/o. D.no. 9-68/9, 2nd Line, East Hanuman Nagar, Boduppal, Ghatkasar, Hyderabad. Presently residing at D.No. 17/2/3, Sai Bhargavi Eye Hospital, 0pp. Bsnl Office, Palakolu Municipality, Palakolu ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.4 in issuing a notice under Section 14 of SARFAESI Act dated 19.04.2025 and claiming to have taken possession of the subject property, despite the fact that the Petitioner is the absolute owner of the subject property and he is neither a borrower nor guarantor as being illegal, arbitrary, violative of the principles of natural justice, and in breach of Articles 14, 21, and 300-A of the Constitution of India and Consequently set aside the notice issued under Section 14 of SARFAESI Act dated 19.04.2025 by Respondent No.4. lA NO: 1 OF 2025 may 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 grant Stay of all further proceedings pursuant to the Possession Notice, Dt. 19.04.2025, issued by the Respondent No.4. Counsel for the Petitioner: SRI. DODDI SAI AKHIL Counsel for the Respondents: - The Court made the following order: — * APHC010306292025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-i2 AT AMARAVATI [3483] WRIT PETITION NO: 15330 of 2025 Dr. Veera Raghavulu Mutyala ...Petitioner Vs. Union of India and others ...Respondents ********** Advocate for Petitioner Sri Dhanyamraju Uma Maheswara Rao representing Sri Doddi Sai Akhil Advocate for Respondents None CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 24th June 2025 PC : Learned counsel for the petitioner seeks to withdraw this Writ Petition with liberty to file a fresh petition on the same cause of action. Accordingly, the Writ Petition is dismissed as withdrawn granting liberty as prayed for. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. SDI- N NAGAMMA i: ASSISTANT REGISTRAR j //TRUE COPY// To, SECTION OFFICER 1. One CC to Sri. Doddi Sai Akhil Advocate [OPUC] 2. One CC to Additional Solicitor General of India, High court of Andhra Pradesh [OPUC] 3. Three CD Copies GSC HIGH COURT DATED:24/06/2025 ORDER WP.No.15330 of 2025 DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS