APHC010348582025 IN THE HIGH COURT OF ANDHRA PRADESH^ AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TENTH 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: 17482 OF 2025 / Between: Pulimi Srinivasa Rao,, S/o Lakshmi Narayana Aged- 46 years, R/o. D.No. 20-13-118, Mutyala Peta, Chirala, Bapatia District. ...Petitioner AND 1. State Bank of India, Rep., by its Authorized Officer, SME Branch, Guntur, G. Sudakshina Devi Complex, 3rd Floor, Above Croma Show Room, 3rd Lane, Main Road, Brundavan Gardens, Guntur District-522 006. 2. M/s RVS Jewellery Pvt Limited, Rep., by its Managing Director, Smt. Ward No. 14, Main Road, Pothula Revathi, D.No. 6-29-36/B, Koritepadu, Guntur-522507. 3. Smt Pothula Revathi, W/o Harshavardhana Reddy Flat No. 406, Jupiter Enclave, Near Hailand Road, Chinakakani Village-522503, Mangalagiri Mandal, Guntur District. 4. Mudunuri Sowjanya, W/o Prasad Raju, Director of M/s RVS Jewellery Private limited. Nagar, Guntur-522007. Flat No. G-1, GSR Residency, 6/1, Chandramouli ...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 an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the First respondent bank in initiating proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 and in contemplating to take physical possession of the Immovable property i.e.. Residential RCC Roof House bearing D.No.13-11-19, Assessment No. 26083, situated in an extent of 204 Sq.yards covered by Sy.No.317/Part, TS.No.133, Block No. 4, Ward No.3, Polimera road area near Veera Raghava Peta, Chirala Muncipal area- Perala Village, Prakasam District, through Notice dt.28.06.2025 issued by the Advocate Commissioner appointed by the Honble Chief Judicial Magistrate-cum-Principal Assistant Session Judge, Guntur in Crl.M.P.No.81/2 025, as illegal, irregular, irrational and violation of the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 besides violation of Principles of Natural Justice and to consequently to set aside the Notice dt.28.06.2024 issued by the Advocate Commissioner pursuant to Orders in Crl.P.No.81/2025 on the file of Chief Judicial Magistrate-cum-Principal Assistant Session Judge, Guntur in the interest of justice. lA NO: 1 OF 202fi^ one 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 interim stay of all further proceedings in pursuance of the orders in Crl.P.No.81/2025 on the file of Chief Judicial Magistrate-cum-Principal Assistant Session Judge, Guntur and notice dated: 28.06.2025 issued by the Advocate Commissioner to take physical possession of the Immovable Property i.e. Residential RCC Roof House bearing D.No.13-11-19, Assessment No. 26083, situated in an extent of 204 Sq.yards covered by Sy.No.317/Part, TS.No.133, Block No. 4, Ward No.3, Polimera road near Veera Raghava Peta, Chirala Muncipal area- Perala Village, Prakasam District, during the pendency of this writ petition, in the interest of justice. Counsel for the Petitioner: SRI K JYOTHI PRASAD Counsel for the Respondents: - The Court made the following order: area A APHC010348582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO; 17482 of 2025 Pulimi Srinivasa Rao ...Petitioner Vs. State Bank Of India and Others ...Respondent(s) Advocate for Petitioner: Mr. K Jyothi Prasad Advocate for Respondent: CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE ; 10*'^ July 2025 PC ; The petitioner challenges the proceedings initiated by the State Bank of India in terms of Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, primarily the ground that no liability could be fastened on the petitioner who is stated to have stood as a guarantor for the loan extended in favour of respondent Nos. 2 and 3. on It is stated that the said two respondents had played fraud by misrepresentation of facts, cheating the petitioner by obtaining signatures on 2 HCJ a RRR, J W.P. No: 17482 of 2025 certain papers, and that the petitioner was made to betieve that he was being cited as a witness to the loan obtained by respondent Nos.2 and 3 whereas it is only subsequently that the petitioner realized that in fact fraud had been played upon the petitioner when a Demand Notice, dated 24.10.2024, and a possession notice, dated 02.01.2025, was issued by the respondent Bank. The petitioner is shown to be a Director in the 2"^^ respondent Company namely M/s RVS Jewellery Pvt. Limited. Disputed questions of fact arise in the present case which, in our opinion, do not warrant the exercise of extraordinary jurisdiction by us under 226 of the Constitution of India. It will be open to the petitioner to avail The writ petition is. Article appropriate remedy before an appropriate forum, accordingly, disrfiis’^dd.'No costs. an Pending miscellaneous applications, if any, shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. K Jyothi Prasad Advocate [OPUCp 2. Three CD Copies CSC \ HIGH COURT DATED:10/07/2025 ORDER WP NO. 17482 OF 2025 % 11 JDI 2025 . Cunwl B«cBiir m; P> DISMISSING THE WP WITHOUT COSTS