APHC010338572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17317/2025 Between: 1. MOHAMMAD ATHIQ, S/O ASHARF ALI S, AGED ABOUT 50 YEARS, OCC BUSINESS, R/O D.NO.28-16/24-3-1, SARASWATHI NAGAR KOTHAINADIU, PUNGANUR, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF FINANCE, BANKING DEPARTMENT NEW DELHI REP. BY ITS SECRETARY. 2. SHIRAM FINANCE LTD, REP. BY ITS MANAGER/AUTHORIZED OFFICER SRI TOWER, PLOT NO.14A, SOUTH PHASE, INDUSTRIAL ESTATE, GUINDY CHENNAI - 600032. 3. SHIRAM FINANCE LTD, REP. BY ITS BRANCH MANAGER, O/O D.NO.27-47-15/11, 1ST FLOOR, RTC BUS STAND ROAD, PUNGANUR, CHITTOOR DISTRICT. ...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 tomay be pleased to issue an appropriate Writ, Order or 2 NV,J W.P No.17317 of 2025 Direction, more particularly one in the nature of Writ of Mandamus, the action of the respondent No 2 issue impugned Demand Notice, dated 27.03.2025 to pay an amount of Rs.7,00,935/- is illegal, arbitrary and violation of Principal of natural Justice and violation of Article 14, 19, 21 and 300 A of Constitution of India and consequently this Honble to set aside the Demand Notice dated 27.03.2025 issued by the 3rd respondent and pass such 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 may be please to direct the respondent Nos. 2 and 3 not take any coercive steps against the petitioner loan account No.PUNGATF 2209290002, pending disposal of the main writ petition and pass such Counsel for the Petitioner: 1. P V VENKATA RAVI SANKAR and Dr. P.B Reddy Counsel for the Respondent(S): 1. O UDAYA KUMAR 2. 3 NV,J W.P No.17317 of 2025 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.17317 OF 2025 ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India claiming the following relief: “To issue writ of mandamus declaring the action of Respondent No.2 in issuing impugned Demand Notice dated 27.03.2025 to pay an amount of Rs.7,00,935/- as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently to set aside the Demand Notice dated 27.03.2025 issued by the 3rd respondent.” 2. The case of the petitioner is that, , Respondent Nos.2 & 3 herein issued Demand Notice dated 27.03.2025 to the petitioner calling upon him to pay loan amount of Rs.7,00,935/- and settle loan account under Loan Agreement No.PUNGATF2209290002 even though the petitioner cleared entire amount. After receipt of notice, even though the petitioner approached the 3rd respondent for settling his loan account, but the same was not considered. Challenging the Demand Notice dated 27.03.2025, the present writ petition is instituted. 4 NV,J W.P No.17317 of 2025 3. At the very outset, Sri O. Udaya Kumar, learned counsel for the respondents has stated that the present writ petition has been filed by the petitioner against the private entity, as such, the present writ petition is not maintainable and is liable to be dismissed. 4. Heard learned counsel for the petitioner, Sri O. Udaya Kumar, learned counsel for Respondent Nos.2 & 3 and perused the record. 5. It is well settled principle of law that writ petition is not maintainable against a private finance company, inasmuch as it is neither covered under the definition of the State nor other authorities nor it is discharging any public duty. 6. In view of the above, writ petition is not maintainable and accordingly, stands dismissed. 7. Consequently, miscellaneous applications pending if any, shall also stand dismissed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:15.07.2025 SP 5 NV,J W.P No.17317 of 2025 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.17317 OF 2025 Date: 15.07.2025 W SP