V Si APHC010327552025 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 HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 16363 OF 2025 Between: Majeti Venkateswara Rao, S/o. Ramachandrarao Aged about 60 years, Occ: Business, R/o. 2-34, Main Road, Pullalapadu, Nallajerla, West Godavari, Andhra Pradesh - 534112. ...Petitioner AND M/s Union Bank of India, Rep. by its Chief Manager/Authorized Officer, Polasanipalli Branch, Polasanipalli, A.P. - 534425. Main Road Highway, Bhimadole Junction, ...Respondent 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 or any other appropriate writ declaring that the action of the advocate commissioner taking the physical possession of the schedule property by affixing the warrant notice dated 29.05.2025 on the file of Hon’ble Chief Judicial Magistrate - Cum - Principal Civil Judge (Senior Division) at Eluru, West Godavari District on the schedule premises without giving notice due to which the petitioner lost his opportunity to approach appropriate legal tforum, while keeping perishable goods in the schedule premises as arbitrary, unlawful, violative of Article 14 of the Constitution of India and violative of principles of fairness, against the fundamental rights guaranteed under the Constitution of India and consequently set aside the advocate commissioner notice dated 29.05.2025 and all other concomitant proceedings. 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 permit the petitioner to take the perishable goods where the respondent bank has no right to seize as the stock are not mortgaged to thern and other required materials from the schedule premises. lA 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 to restore the possession to the petitioner not depriving the Petitioner from eking out his livelihood. Counsel for the Petitioner: SRI BONDILI RAVIKIRAN SINGH Counsel for the Respondent: M/s V DYUMANI The Court made the following order: Bench Sr.No:-10 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010327552025 B WRIT PETITION NO: 16363 of 2025 ...Petitioner Sri Majeti Venkateswara Rao Vs. ...Respondent M/s. Union Bank of India ********** Sri Bondili Ravikiran Singh Advocate for petitioner Advocate for respondent Smt V. Dyumani CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 3rd July 2025 PC: Proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act) have been challenged by the petitioner. The petitioner is already out of possession of the secured asset. It will be open to the petitioner to avail the alternate remedy by way of an appeal before the Debts Recovery Tribunal. We do not find any reason to interfere at this stage by invoking our extraordinary jurisdiction considering the ratio of the judgments rendered by the Apex Court in Radha Krishan Industries v. State of H.P./ and United Bank of India vs. Satyawati Tondon^. 2. ^ (2021) 6 see 771 ^[{2010)8 see 110 ; 2010 INSe 428] 2 3. Accordingly, the Writ Petition is dismissed. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. One CC to Sri. Bondili Ravikiran Singh Advocate [OPUC] 2. One CC to M/s V Dyumani Advocate [OPUC] 3. Three CD Copies GSC ¥ HIGH COURT DATED:03/07/2025 ORDER WP NO. 16363 OF 2025 DISMISSING THE WP WITHOUT COSTS