ADAPA VEERA VENKATA SATYANARAYANA v. STATE BANK OF INDIA
WP/19714/2025 · 2025-07-30
Dhiraj Singh Thakur, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26681 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26681 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010377772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON-BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 19714 OF 2Q2fi Between: Adapa Veera Venkata Satyanarayana, S/o. Satyanarayana, Male, aged 73 yrs, D.No. 29-1-1, Subbarayudu Temple Street, Palakol, West Godavari District. ...PETITIONER AND
1. state Bank of India, Represented by its Authorized Officer, Stressed Campus, Balaji Nagar, Assets Recovery Branch, Administrative Office Siripuram Junction, Visakhapatnam-530003. 2. The Regional Manager, State Bank of India, Abvoe Prema Sai Finance Opp Badeti Park, Eluru-534002. West Godavari District. 3. The Zonal manager. State Bank of India, D.no.3b-17-37, Kundi Centre Head Post Office, Main Bazar, Eluru-534001. West Godavari District
4. M/s Sri Balaji Aqua Farms, Represented by Vardhanapu Rajashekara, S/o. Joseph D.No.8-76/1, Rudra Colony, its Managing Partner, Sri having its registered office at Shamshabad, RR District Telangana State-501218. ...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 ot issue an appropriate Writ, Order, or Direction, more particularly a Writ of Mandamus, Declare that the proposed e-auction scheduled to be held on 30.07.2025, initiated by the petitioner and his family respondent bank without allowing the members to collect their personal belongings including household items, medical prescription records, legal documents, testimonials, clothing, and other essential cooking articles from the subject property during the execution of CrI.M.P.No. j607/2024 on the file of the Hon’ble Chief Judicial Magistrate-cum-Principal Senior Civil Judge, Eluru, i: illegal, arbitrary, and violative of the provisions of the SARFAESI Act, 2002, the Security Interest (Enforcement) Rules, 2002 the IS principles of natural justice, and Article 14 of the Constitution of India and Consequently aside the warrant execution procedure in CrI.M.P. No. 607/2024 on the file of the Hon’ble Chief Judicial Magistrate-cum-Principal Senior Civil Judge, Eluru, illegal, for being contrary to the mandatory provisions of the SARFAESI Act and the Security Interest (Enforcement) to set as Rules, 2002, Consequently to stay all further proceedings, including the proposed auction scheduled 30.07.2025 or for any alienation of the subject property, pending disposal of the present writ petition.
Consequently to direct the respondent to permit the petitioner and his family to bank authorities retrieve all personal belongings, including household articles, medical prescriptions Records, iegai documents, testimoniais, clothing and other essential cooking articles ,from the Subject property before undertaking any further recovery or sale action. lA NO: 1 OF 207.*^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pieased to set aside the warrant execution procedure in CrI.M.P. No. 607/2024 file of the Hon'ble Chief Judicial Magistrate-cum-Principal Senior Civii Judge on the
r f/ Eluru, as illegal, for being contrary to the mandatory provisions of the SARFAESI Act and the Security Interest (Enforcement) Rules, 2002. // IAJJOl2_OF2^ Petition under Section 151 CPC praying that in the circumstances stated jn the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings, including the proposed auction scheduled for 30.07.2025 or any alienation of the subject property, pending disposal of the present writ petition. I^O: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated jn the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent bank authorities to permit the petitioner and his family to retrieve all personal belongings, including household articles, medical prescriptions Records, legal documents, testimonials, clothing and other essential cooking articles from the Subject property before undertaking any further recovery or sale action. Counsel for the Petitioner: SRI M. CHANDRA SEKHAR representing SRI SRINIVAS MANCHANAPALLI Counsel for the Respondent Nos.1 to 4: — The Court made the following order:
/ • 1 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-12 AT AMARAVATI APHC010377772025 [3446] WRIT PETITION NO: 19714 of 2025 0S Adapa Veera Venkata Satyanarayana ...Petitioner Vs. State Bank of India and others ...Respondents ********** Advocate for Petitioner Mr. M. Chandra Sekhar representing Mr. Srinivas Manchanapalli Advocate for Respondents
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 31®* July, 2025 DATE PC : The grievance of the petitioner in the present petition is that although the property of the petitioner which was the secured asset with the respondent bank has been auctioned, yet, the personal belongings and other items which are in the said property cannot be dealt with in any manner by the respondents and, therefore, claims that the same be returned to the petitioner. Be that as it may, considering the short controversy, we dispose of the Writ Petition with a direction to the respondent bank and its officers to prepare an inventory of the movable items and personal belongings of the petitioner in the secured asset and the same be handed over to the petitioner under receipt. No order as to costs. movable proper \
2 HCJ & RRR, J WP_19714 2025 Miscellaneous applications pending, if any, shall stand closed.
Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECflQMWFICER To,
1. The Authorized Officer, State Bank of India, Stressed Assets Recovery Branch, Administrative Office Campus, Junction, Visakhapatnam-530003.
2. The Regional Manager, State Bank of India, Abvoe Prema Sai Fianance, Opp Badeti Park, Eluru-534002, West Godavari District.
3. The Zonal Manager, State Bank of India, D.No.3b-17-37, Kundi Centre Head Post Office, Main Bazar, Eluru-534001. West Godavari District.
4. One CC to Sri Srinivas Manchanapalli, Advocate [OPUC]
5. Two CD Copies Balaji Nagar, Siripuram ssb
HIGH COURT DATED:31/07/2025
ORDER WP No.19714 OF 2025 o?an6w;^ r g n WG 2® mi &>/ disposing of the w.p. WITHOUT COSTS