APHC010345772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17585 OF 2025 Between: Sri Kaki Satish, S/o Kaki Nageswara Rao (late) Aged 38 School Road, Kamavarapukota, West Godavari-534449 yrs, D.No.2-37, High ...Petitioner AND 1. Union of India, Union of India Ministry of Finance , Represented by its Secretary, Sastry Bhavan, New Delhi. 2. M/S Cholamandalam Investment Finance Company Limited, Rep., by Its Authorised Officer Mr Pagadala Chaitanya Kumar S/o P Srinivasa Rao, Aged 40 yrs, D.No. 59-14-24,1st Floor, Shanthi Plaza, Gayathri Nagar, Near Benz Circle, Vijayawada , Krishna(NTR) District. 3. Kaki Pavan Kumar, S/o Nageswara Rao Jangareddygudem, Maruthi Nagar, West Godavari District. (late) Aged 34 yrs, R/at ...Respondents Petition under Article 226 of the Constitution of India praying that in the the High Court may be circumstances stated in the affidavit filed therewith pleased to Issue a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondent no.2 w trying to Evict the Petitioner from the Possession Family Property i.e., house bearing D.No. 2-37 i Kamavarapukota Village and Mandal, West Godavari 14 of SARFEASI Act in CrI M.P.No.89/2025 Magistrate at Eluru even though the petitioner is in the scheduie property prior to the mortgage by the Un-offloial respondent no.3 to f 2nd respondent and enjoyment of his Joint in R.S.No.497/26 of District invoking Section on the file of Chief Judicial and the petitioner is neither a borrower Secured Loan, nor a guarantor in connection with the on that the petitoner filed Securitaization 318/2025 before the Debts Recovery Tribunal Appeal (S.A.,) .Visakhapatnam inspite of the petitoiner insisting an Iterim Order or to disposal of the Stay Application l-A.,01/2025 the Debts Recovery Tribunal adjourned the without passing any order all matter to 02-09-2025 are illegal, unlawful, violation of Principles of 14,19,21 of the Constitution of India Consequently to direct the Debts Recover Tribunal, Visakhapatnam to hear the Stay Appi,cation I.A.No. 1/2025 in S.A.No. 318/2025 expeditiously. Natural Justice, Violation of Article lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the Debts Recovery Tribunal, praying that in the circumstances stated Visakhapatnam to hear the Stay Application I.A.N0. 1/2025 in S.A.No. 318/2025 expeditiously and to orders in accordance with law pending finalization ■ I.A.No.01/2025 in S.A.No.318/2025 before the Debts Visakhapatnam to direct the 2nd pass of the Stay Application in Recovery Tribunal, respondent not to take any Coercive Steps as against the petitoners property covered in the Schedule in CRL MP NO 89/2025 on the file of Chief Judicial Magistrate , Eiuru. Counsel for the Petitioner: Counsel for the Respondent No. government COUNSEL) The Court made the following order: SRI RAVURI LEELA SAI SAMPATH 1: SRI Y V ANIL KUMAR (CENTRAL w APHC010345772025 Bench Sr.No:-9 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 17585 of 2025 Sri Kaki Satish ...Petitioner Vs. Union of India and others ...Respondents ********** Advocate for Petitioner Mr. Ravuri Leela Sai Sampath Mr. Y V Anil Kumar [Central Government Counsel] for R.1 Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 14*^ July, 2025 DATE PC : The petitioner states that the petitioner has already approached the Debts Recovery Tribunal, Visakhapatnam, by way of SA.No.318 of 2025 along with IA.No.1 of 2025 in which no orders have been passed and that in the meantime, the petitioner is being sought to be dispossessed by resorting to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which would render the proceedings before the D.R.T academic. The Writ Petition is disposed of with a direction to the D.R.T to pass appropriate orders in IA.No.1 of 2025 in SA.No.318 of 2025 preferably within two months. In the meantime, status quo shall be maintained with regard to 2 HCJ & RC, J WP 17585 2025 the possession of the petitioner. We, however, make it clear that in case the D.R.T finds that the petitioner is in any manner trying to delay the consideration of the lA or for that matter disposal of the S.A, it would be open to the Tribunal to pass appropriate orders in that regard. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. SD/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Union of India, Ministry of Finance, Sastry Bhavan, New Delhi. 2. The Authorised Officer, M/S Cholamandalam Company Limited, Rep., by Mr Pagadala Chaitanya Srinivasa Rao, Aged 40 yrs, D.No. 59-14-24,1st Floor, Shanthi Plaza, Gayathri Nagar, Near Benz Circle, Vijayawada, Krishna (NTR) District. 3. The Debts Recovery Tribunal, Visakhapatnam. 4. One CC to Sri Ravuri Leela Sai Sampath, Advocate 5. One CC to Sri Y V Anil Kumar (Central Government [OPUC] 6. Two CD Copies Represented by its Investment Finance Kumar S/o P [OPUC] Counsel) Advocate TF HIGH COURT DATED:14/07/2025 ORDER WP NO. 17585 OF 2025 S ? 3 .lUL 2025 m o»// ^ . Current iiection . ^ DISPOSING OF THE W.P., WITHOUT COSTS