IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 362 OF 2025 Between: Kranthi Educational Society, (Regd No-1 of 1992), Rep. By its Secretary, H. No-14-2-3/A, AND Respondent, A.Naveen Kumar, S/o.Krishna Venkateswara Colony, 2 at Kakinada Institute of Technological Science, Ambicapally Agaraharam Line, Gollagatta Road, Bhadrachalam and also nd Village, Ramachandrapuram Mandal, Kakinada, Andhra Pradesh-533255 ...PETITIONER AND The South Indian Bank Limited, Rep. By its Authorised Officer Cum Chief Manager, Sri M.Venkat Rao Rongali, S/o.Chellayya Rongali, Aged 37 Years, Kajuluri Branch, Kakinada, D.No.12-1-28, Jawahar Street Suryaraopeta, Kakinada, E.G. Dist., AP 533 001 East Godavari, Andhra Pradesh. The Debt Recovery Tribunal, Rep. By its Registrar,31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh 530020 1. 2. ...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 in the nature of writ of Mandamus or any Appropriate Writ by declaring the inaction of the Respondent No-2 in not deciding the I.A.No.4129 of 2024 in S.A.No.685 of s 2024 and the action of the First Respondent/Bank in making attempts to take over the Possession of the Properties of the Petitioner Educational Society as per the orders of Chief Judicial Magistrate, Rajamahendravaram, ^by its order dated 04-12-2024,in Crl.M.P.No.548 of 2024, through the Advocate commissioner, is illegal, contrary to Principles of Natural Justice, consequently to direct the First Respondent not to take Possession of the Subject Properties situated in Sy.No. 15/1,28/3,28/4,27 of Ambicapally Agraharam village, Yanamadala Gram Panchayat area Ramachandrapuram Mandal, East Godavari District consisting of Ac. 10.00 with building comprising an Engineering- College and Pharmacy College, till the I.A.No.4129 of 2024 in S.A.No. 685 of 2024, before the Honble DRT, Visakhapatnam is decided. 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 First Respondent not to take Possession of the Subject Properties situated in Sy.No.15/1,28/3,28/4,27 of Ambicapally Agraharam village, Yanamadala Gram Panchayat area Ramachandrapuram Mandal, East Godavari District consisting of Ac. 10.00 with building comprising an Engineering College and Pharmacy College, till the LA.No.4129 of 2024 in S.A.No. 685 of 2024, before the Hon’ble DRT, Visakhapatnam is decided. Counsel for the Petitioner: SRI S. SATYANARAYANA MOORTHY Counsel for the Respondent Nos.1 & 2: — The Court made the following: ORDER \ APHC010006002025 Bench Sr.No.LM1 [3683] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 362 of 2025 Kranthi Educational Society ...Petitioner Vs. The South Indian Bank Limited and others ...Respondents ********** Advocate for Petitioner; Mr. S. Satyanarayana Moorthy Advocate for Respondents: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : January, 2025. DATE PC : The petitioner claims that proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “SARFAESI Act”) have since been challenged by the petitioner in S.A.No.685 of 2024, before the D.R.T., Visakhapatnam, which was filed on 30.12.2024. 2. It is stated that on 31.12.2024, counsel for respondent No.1 - South Indian Bank Limited, sought for time to file the response and the matter has now been adjourned to 09.01.2025. 3. In the meantime, it is stated that an Advocate Commissioner, has been appointed by the Chief Judicial Magistrate of Rajamahendravaram, East \ 2 HCJ & RCJ ' WP_362_2025 Godavari District and the possession was to be taken over by the said Advocate Commissioner on or before 09.01.2025. It is stated that in case the premises of the petitioner is not protected, S.A. filed before the D.R.T. would become academic. Considering the peculiar facts and circumstances of the case, with a to prevent the proceedings before the D.R.T. from becoming infructuous or rendering academic, we order that stdtus quo be maintained with regard to the possession of the petitioner as it exists today, till such time as appropriate orders are passed by the D.R.T. Visakhapatnam, in the Interim Application No.4129 of 2024, accompanying the S.A. No.685 of 2024. 4. view We make it clear that in case, the D.R.T. finds that the proceedings are delayed by the petitioner, it shall be open to the said Tribunal to pass appropriate orders. 5. Accordingly, the Writ Petition is disposed of. No order as to costs. 6. Pending miscellaneous applications, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR / //TRUE COPY// 1^.SECTION OFFICER To, The Chief Judicial Magistrate, Rajahmundry, East Godavari District. The Authorised Officer Cum Chief Manager, Sri.M.Venkat Rao Rongali, S/o.Chellayya Rongali, Aged 37 Years, South Indian Bank Limited, Kajuluri Branch, Kakinada, D.No.12-1-28, Jawahar Street Suryaraopeta Kakinada, E.G. Dist., AP 533 001 East Godavari, Andhra Pradesh. The Registrar, Debt Recovery Tribunal, 31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh 530020 One CC to Sri S. Satyanarayana Moorthy, Advocate [OPUC] 5. Three CD Copies. 1. 2. 3. 4. ssb # HIGH COURT •• DATED:06/01/2025 ^AND/y^ ORDER 0 7 JAN 2025 X Co/' WP.No.362 of 2025 . Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS