APHC010359432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B THURSDAY, THE TWENTY FOURTH 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 R RAGHUNANDAN RAO WRIT PETITION NO: 18043 OF 2025 Between: Sri Mudunuri Naga Raju, S/o. Late Mudunuri Krishna Raju 110, Ramalayam Street, Dommeru, Kovvuru Mandal, West Godavari 52 years, D.No 10- District. ...Petitioner AND M/s. State Bank of India, Rep. by its Authorised 5fficer RASECC, Rajahmundry(05254), East Godavari District A.P.-534425. Dayala Srinivasa Rao, ...Respondent Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ, Order or Direction more particularly one of Writ of Mandamus or any other appropriate writ declaring the advocate may be in the nature that the action of commissioner making attempt to take the physical possession of the schedule property by affixing the notice dated 03-06-2025 on the schedule premises on 07/07/2025, which date is 24 days prior to the order passed by the Hon’ble Chief Judicial Magistrate - Cum - Principal Civil Judge (Senior Division) at Eluru, West Godavari District on 27/06/2025, and visited the scheduled premises on 07/07/2025 along with police constables and • forcefully trying to vacate the petitioners from the schedule premises in collusion with the Respondent Bank as arbitrary, unlawful, violative of Article 14 of the Constitution of India and violative of principles of fairness, unjust enrichment, against the fundamental rights guaranteed under the Constitution of India and consequently set aside the advocate commissioner notice dated 03/06?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 stay of aIHurther proceedings in CrI.MP No: 328 of 2025 pending before the Honorable CJM, Eluru. - Counsel for the Petitioner: SRI NALLURI RAMESH BABU w- Counsel for the Respondent: SRI S SATYANARAYANA MOORTHY The Court made the following order: APHC010359432025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-i56 [3446] AT AMARAVATI WRIT PETITION NO: 18043 of 2025 Mudunuri Naga Raju ...Petitioner Vs. State Bank Of India ...Respondent ********** Advocate for Petitioner; Mr. Nalluri Ramesh Babu Advocate for Respondent: Mr. S Satyanarayana Moorthy CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 24*^ July 2025 PC : In view of the availability of an equally efficacious alternative remedy before the Debts Recovery Tribunal and considering the ratio of the judgments of the Apex Court in Radha Krishan Industries v. State of Himachal Pradesh [(2021) 6 SCC 771] and United Bank of India v. Satyawati Tondon [(2010) 8 SCC 110], we do not find it a fit case to invoke our extraordinary writ jurisdiction under Article 226 of the Constitution of India. The Writ Petition is, accordingly, dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- M.PRABHAKAR RAO assistant registrar //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Nalluri Ramesh Babu, Advocate [OPUC] 2. One CC to Sri S Satyanarayana Moorthy, Advocate [OPUC] 3. Two CD Copies TF • HIGH COURT DATED:24/07/2025 ORDER WP NO. 18043 OF 2025 e DISMISSING THE W.P., WITHOUT COSTS