APHC010373812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) jP THURSDAY,THE TWENTY FOURTH DAY OF JULp TWO THOUSAND AND TWENTY FIVE \ PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE i-0^ AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 19198 OF 2025 Between: M/s Rameswarlal and Company Limited, A company incorporated under Companies Act, 1956 Having its registered office at D.No 11-1- 23, K.N. Road, P.B. No 20, Tadepalligudem, West Godavari Dist - 534102 Represented by its Director, Vijesh Kumar Tayal, S/o Padam Kumar Gupta ...Petitioner AND 1. Canara Bank, Rep By its Chief Manager and Authorized Tanuku Branch 2. Canara Bank, Rep By its Authorized Officer ARM Branch, Hyderabad 3. Akula Srihari Rao, S/o. Akula Nageswara Rao, Aged 60 Govt Employee, R/o 8-3-224/9/68/1-(H-57/A) Madhuranagar Colony, Yousufguda Village, Hyderabad - 500038 Officer ypars, Occ: Survey No. 39, ...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 or order or direction more particularly one in the nature of writ of Mandamus to declare the action of Respondents more specifically Respondent No.1 and 2 in issuing sale certificate dated 06.06.2025 registered before Sub-Registrar, Tadepalligudem bearing Doc No 6703/2025, dated 10.06.2025 in favor of Respondent No.3 for the property admeasuring 130.50 Sq.Yds out of Ac 5.08 cts situated at D.No 11-1-23 (Old D.No 4-2-115), R.S No 213, Tadepalligudem, West Godavari District without putting the Petitioner to notice, by fraudulently and illegally auctioning the property below the market price inter alia Respondent No.3 being a government servant (GST Superintendent) purchased the property without seeking prior approval in violation to Rule 18(2) in Central Civil Services (Conduct) Rules, 1964 only with an intention to knock away the property of Petitioner in fragrant violation to principles of natural justice by not affording an opportunity to redeem the property or place their objections which is the subject matter of this writ petition, as arbitrary, violation of principles of natural justice and audi alteram partem, deliberate dereliction of duty, deliberate misuse of statutory power, violation of mandatory statutory regulations/permissions, intentional violation of Rule 18A in Central Civil Services (Conduct) Rules, 1964 and violation of the fundamental rights of the Petitioner, more particularly Article 14, Article 21 and Article 300-A of the Constitution of India and consequently set aside the sale certificate dated 06.06.2025 registered before Sub-Registrar, Tadepalligudem bearing Doc No 6793/2025, dated 10.06.2025 in favor of Respondent No.3 for the property admeasuring 130.50 Sq.Yds out of Ac 5.08 cts situated at D.No 11-1-23 (Old D.No 4-2-115), R.S No 213, Tadepalligudem, West Godavari District. 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 Respondents not to take any steps from dispossessing the Petitioner Company from the property admeasuring 130.50 Sq.Yds out of Ac 5.08 cts situated at D.No; 11-1-23 (Old D.No: 4-2-115), R.S No: 213 Tadepalligudem, West Godavari District pending disposal of the above writ petition. Counsel for the Petitioner: SRI NIKHILESH T Counsel for the Respondents: - The Court made the following order: APHC010373812025 Bencfi Sr.No. LM-2 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 19198 of 2025 M/s. Rameswarlal & Company Limited ...Petitioner Vs. Canara Bank and others ...Respondents ■k-k-M-k'kif-k-k'k-k Advocate for Petitioner Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 24th July 2025 Mr. T. Nikhilesh DATE P C : In view of the fact that there is an equally efficacious alternate remedy available to the petitioner before the Debts Recovery Tribunal in terms of Section 17 of the SARFAESI Act, 2002, and considering the ratio of the judgment rendered by the Apex Court in the case of United Bank of India Vs. Satyawati Tondon\ we are not inclined to exercise our writ Jurisdiction under Article 226 of the Constitution of India. This writ petition is, accordingly, disposed of. No Consequently, connected miscellaneous costs. applications, if any, shall stand closed. ^ (2010) 8 see 110 Sdl- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Chief Manager and Authorized Officer, Canara Bank, Tanuku Branch 2. The Authorized Officer, Canara Bank, ARM Branch, Hyderabad 3. One CC to Sri. Nikhilesh T Advocate [OPUC] 4. Two CD Copies GSC V HIGH COURT DATED:24/07/2025 \ ORDER WP NO. 19198 OF 2025 DISPOSING THE WP WITHOUT COSTS