APHC010370282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 S.0^ FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18968 OF 2025 Between: Smt.Pabba Kamala Priya, W/o.Srikanth, Aged about 34 years, Occ: House Wife, District. R/o.H.No.1-90-281, Housing Board Colony, Miryalaguda, Nalgonda ...PETITIONER AND 1. The Union of India, Rep by its Secretary, Ministry of Finance, New Delhi. 2. The Cholamandalam Investment and Finance Company Limited, Chola Crest, C54-55 and Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai,TamilnaduState. 3. Uma Maheswara Rao Samudrala, S/o.Subba Rao, Aged about 62 years, Occ- Business, R/o.D.No. 19-28/2, Bharath Talkies Center, Nandigama, NTR District. ...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 writ of Mandamus to declare the action of the Respondent No.2 in issuing the E-Auction sale notice dated 20-06-2025 under Rule 8 and 9 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Rules, 2002 for sale of the house bearing D.No. 19-28, 19- 28/2 and 19-29 admeasuring 2757 Sq.Feet together with land admeasuring 95.8 Sq.Yards situated in RS.No.522/3A, Nandigama, NTR District scheduled even in to be held on 29-07-2025 without issuing prior notice to the Petitioner spite of the Petitioner is joint share holder as arbitrary, illegal and contrary to the provisions under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and in violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent No.2 not to sell the house bearing D.No. 19-28, 19-28/2 and 19-29 admeasuring 2757 Sq.Feet together with land admeasuring 95.8 Sq.Yards situated in RS.No.522/3A, Nandigama, NTR District in pursuant to the E-Auction sale notice dated 20- 06-2025 till the share of the Petitioner is divided by means and bounds in the interest of justice 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 direct the Respondent No.2 not to sell the house bearing D.No. 19-28, 19-28/2 & 19-29 admeasuring 2757 Sq.Feet together with land admeasuring 95.8 Sq.Yards situated in RS.No.522/3A, Nandigama, NTR District in pursuant to the E-Auction sale notice dated 20-06-2025 pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: SRI P. NAGENDRA REDDY Counsel for the Respondent No.1: SRI C. V. R. RUDRA PRASAD (CENTRAL GOVT COUNSEL) Counsel for the Respondent Nos.2 & 3:— The Court made the following order: APHC010370282025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-i [3483] AT AMARAVATI WRIT PETITION NO: 18968 of 2025 Smt Pabba Kamala Priya ...Petitioner Vs. The Union of India and others ...Respondents ********** Advocate for Petitioner Sri P. Nagendra Reddy Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 25th July 2025 PC : In view of the fact that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 (for short, “the SARFAESI Act”) provides an effective alternate remedy by way of an appeal before the Debts Recovery Tribunal, which can very well be availed by the petitioner, we do not find any reason to interfere at this stage by invoking our extraordinary jurisdiction considering the ratio of the judgments rendered by the Apex Court in Radha Krishan Industries v. State of H.P.,^ and United Bank of India vs. Satyawati Tondon^. The Writ Petition is, accordingly, dismissed. No order as to costs. ' (2021) 6 see 771 ^ ((2010)8 see 110 : 2010 INSe 428] 2 Pending miscellaneous applications, if any, shall stand closed. Sd/-U. SPJDEV! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri P. Nagendra Reddy, Advocate [OPUC] One CC to Sri C. V. R. Rudra Prasad (Central Govt. Counsel) Advocate [OPUC] Two CD Copies. 2. 3. ssb i***- HIGH COURT DATED:25/07/2025 0" I 01, AUG 2075 „ ^ . Current Section ORDER WP No.18968 OF 2025 on DISMISSING THE W.P. WITHOUT COSTS