APHC010328452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 17721 OF 2025 Between: 1. Lakshmi Aqua Feeds and Traders, 1-133/1, Ganapavaram Road, Undi (v)- 534199. Undi Mandal. West Godavari District, rep. by its Proprietor Satyavada Srinivasu. 2. Sathyavada Srinivasu, S/o late Venkateswararao, aged about 45 Yrs. Business, R/o H.No.5-133, Near Saibaba Temple, Kothapeta, Undi (v)- 534199. West Godavari District. 3. Satyavada Lakshmi Sirisha, W/o Srinivasu, aged about 30 Yrs. House wife, R/o H.No.5-133, Near Saibaba Temple, Kothapeta, Undi (v)-534199. 4. Sativada Arjunamma, W/o late Venkateswararao, aged about 65 Yrs. House wife, R/o H.No.5-133, Near Saibaba Temple, Kothapeta, Undi (v)- 534199. West Godavari District. ...Petitioners AND 1. The Union of India, Ministry of Finance Rep by its Secretary to Government Finance Department 3rd Floor Jeevandeep Building Sansad Marg New Delhi-110001. 2. M/s Bajaj Finance Limited, rep. by its Managing Director, 4th Floor, Bajaj Finserv Corporate Office, Pune-Ahmednagar Road, Viman Nagar, Pune- 411 014. % 3. M/s Bajaj Finance Limited rep. by its authorized person Yenduri Kumar S/o Sudhakar Rao Eswara Towers -22 11 11, 1st Floor, Near Mavulamma temple Bhimavaram-534201. West Godavari District. 4. P. Ravi Kiran, Regional Sales Manager, Bajaj Finance, 1st Floor, Gumidelli Commercial Complex, Hyderabad, Telangana 500016 5. V. Pavan Kumar @ Pavan, Bajaj Finance, Area Manager/legal No 32/9/17 Madhu Mahalaxmi Chambers Mogalrajapuram Vijayawada - 520010. 6. Smt G Santhoshimatha, Advocate-Commissioner, Complex, Eluru-534006. Eluru District. Old Patigadda, Prakash Nagar, Begumpet C/o District court ...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 a Writ of Mandamus declaring the action of the respondents 1 to 6 In illegally taking forcible possession and proclaiming to conduct e.auction on Dt. 18-07-2025 of the petitioner ie., RCC ground floor building bearing D.No.5-133 Assessment No.886 situated in an extent of 144 sq. yards in R.S.N0.699/3A1 within Grampanchayat Undi (v) and Mandal, West Godavari District, without giving credit of several payments made by the petitioner and his family NO.519BLS0100988978 and contrary to the provsions of SARFACEI Act and under the guise of the orders in CRIMP No 285/2025 on the file of Chief Judicial Magistrate Cum Principal Civil Judge (Senior Division) Eluru West Godavari District filed by the respondents 2 and 3 under Section 14 of SARFAESI Act by suppressing the material facts and ignoring the SA No.373/2025 and stay petition vide in lA No.2594/2025 filed by the petitioner before the DRT, Visakhapatnam and by playing fraud on the court as illegal, arbitrary and in violation the Procedure under the SARFESI Act and against the principles of natural justice and also in violation of Article 13, 19, 21 300A members towards credit of the loan account of the Constitution of India and consequently direct the render a true and respondents 2 to 6 to loan account so as to enable the genuine accounting against his NO.519BLS0100988978 with the 2nd respondent petitioner to clear of the due amount within a reasonable period and grant such other just relief or reliefs as this Hon'ble court may deem fit and under the facts and circumstances of the and in the interests of justice. proper lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant interim stay of all further proceedings pursuant to the sale notice Dt. 16-06-2025 issued by the 2ndrespondent, until disposal of No.2594/2025 in SA No.373/2025 and grant such other just relief or reliefs as this Hon'ble court may deem fit and proper under the facts and circumstances of the case and in the interests of justice. the lA Counsel for the Petitioners: SRI SRINIVASA RAO PAPPU Counsel for the Respondent No.1: SRI P PONNA RAO (SC FOR CENTRAL GOVT.) Counsel for the Respondents No.2 to 6: — The Court made the following order: 9^ APHC010328452025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:- AT AMARAVATI 103 [3446] WRIT PETITION NO: 17721 of 2025 M/s. Lakshmi Aqua Feeds and Traders and others ...Petitioners Vs. The Union of India and others ...Respondents ■k'k-kit-k-k^-k'k-k Advocate for Petitioners Advocate for Respondents Sri Srinivasa Rao Pappu None CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 17th July 2025 PC : Learned counsel for the petitioners states that even when the petitioners had filed S.A.No.373 of 2025 before the Debts Recovery Tribunal, Visakhapatnam, no orders have been passed in the application for interim stay accompanying the said S.A vide I.A.No.2594 of 2025. It is stated that in the meantime, the petitioners are likely to be dispossessed from the secured asset. 2. Be that as it may, we dispose of this petition with a direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of I.A.No.2594 of 2025 in S.A.No.373 of 2025 preferably, within a period of six (6) weeks. Until such time the appropriate orders are passed, status quo be maintained with regard .'Au 2 r to the possession of the petitioners over the scheduled property. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Secretary, Union of India, Ministry of Finance, Government Finance Department, 3rd Floor Jeevandeep Building Sansad Marg New Delhi- 110001. 2. The Managing Director, M/s Bajaj Finance Limited, 4th Floor, Bajaj Finserv Corporate Office, Pune-Ahmednagar Road, Viman Nagar, Pune- 411 014. 3. The Authorized Person Yenduri Kumar, S/o. Sudhakar Rao, M/s Bajaj Finance Limited, Eswara Towers -22 11 11, 1st Floor, Near Mavulamma temple Bhimavaram-534201. West Godavari District. 4. P. Ravi Kiran, Regional Sales Manager, Bajaj Finance, 1st Floor, Gumidelli Commercial Complex, Hyderabad, Telangana 500016 5. V. Pavan Kumar @ Pavan, Bajaj Finance, Area Manager/legal No 32/9/17, Madhu Mahalaxmi Chambers Mogalrajapuram Vijayawada - 520010. 6. Smt G Santhoshimatha, Advocate-Commissioner, Complex, Eluru-534006. Eloru District. 7. One CC to SRI. SRINIVASA RAO PAPPU Advocate [OPUC] 8. One CC to GOVT.)[OPUC] 9. Two CD Copies Old Patigadda, Prakash Nagar, Begumpet, C/o District court SRI. P. PONNA RAO, Advocate (SC FOR CENTRAL NM high court X DATED: 17/07/2025 i ORDER WP NO. 17721 OF 2025 50F S 1S JUt 2025 m fo ^ Current Section . ^ DISPOSING OF THE WP WITHOUT COSTS