Sri Sita Mahalakshmi Rice Traders v. THE UNION OF INDIA
WP/19186/2025 · 2025-07-24
Dhiraj Singh Thakur, Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26728 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26728 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010378882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0j? :0' > FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSANDAND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 19186 OF 2025 Between:
1. Sri Sita Mahalakshmi Rice Traders, Represented by its Managing Partner Dutta Venkateswara Rao, Having office at D/No. 5-47, Bapulpadu Village and Mandal, Hanuman Junction Krishna District, A.P. - 521 105. 2. Dutta Venkateswara Rao, S/o. Seetharamaiah, Aged about 62 Occ: Managing Partner Sri Sita MahalakshmiRice Traders, R/o. D.No. 5-35, Vijayawada Road, Bapulpadu Village and Mandal, Hanuman Junction, Krishna District, A.P. - 521 105. years, ...PETITIONERS AND
1. The Union of India, Rep by its Secretary, Department of Financial Services, Ministry of finance, R/o. 3^'^ Floor, Jeevan Deep Building, Sansad Marg, New Delhi - 110001. 2. The Reserve Bank of India, Rep by its General Manager, Marg, New Delhi - 110001. Sansad
3. Canara Bank, Represented by its Chairman and Managing Director, Having its Head Office at No. 112, J.C Road, Bengaluru, Karnataka -
560002. 4. Canara Bank, Rep.by its Authorised Signatory, ARM Branch,Having its circle office at 54-15-4B, Ground Floor, Lakshmi Avenue, Vijayawada, NTR District, A.P. - 520008 ...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 Mandamus declaring the action of the 4"^ Respondent in issuing Notice of Sale through e-Auction on 07/07/2025 by fixing the date of e-Auction 28/07/2025 in respect of the property situated at Krishna District, Bapulapadu Gram Panchayat area, in D.No. 5-46 and 5-47 in R.S. No. 81/IB Ac. 0-26 cents in R.S. No. 81/2 an extent of Ac. 0-78 cents totalling to Ac.
1- 04 cents belonging to the 1st Petitioner Firm Rice and Groundnut Mill providing statutory time limit of 30 days for e-Auction from the date of Sale Notice as illegal, irrational, arbitrary, and violation of the Principles of Natural Justice and violation of the provisions of Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 and Articles 14, 21 and 300-A of the Constitution of India and consequently set-aside the 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 direct the 4*^ Respondent not to conduct the e- Auction dated 28/07/2025 in accordance with the Sale Notice dated 07/07/2025 in respect of the property situated at Krishna District, Bapulapadu Gram Panchayat area, in D.No. 5-46 and 5-47 in R.S. No. 81/IB an extent of Ac. 0-26 cents in R.S. No. 81/2 an extent of Ac. 0-78 cents totalling to Ac. 1-04 cents belonging to the 2"^ Petitioner Firm Rice and Groundnut Mill. on an extent of without same. to
V 'St- C Counsel for the Petitioners: SRI BHUVANAGIRI SUBRAMANYA KUMAR Counsel for the Respondent No.1:ADDL. SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2:-— Counsel for the Respondent Nos.3 & 4:SRI T. B. L. MURTHY, SC FOR CANARA BANK The Court made the following order:
Bench Sr.No:- APHC010378882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 3 Bps [3483] WRIT PETITION NO: 19186 of 2025 ...Petitioners Sri Sita Mahalakshmi Rice Traders and another Vs. ...Respondents The Union of India and others ********** Sri Bhuvanagiri Subramanya Kumar Advocate for Petitioners Sri T. B. L. Murthy Advocate for Respondents
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 25th July 2025 P C : The earlier petitions filed by the petitioners with the same cause of action in W.P. Nos.9835 of 2023 and 26900 of 2024 had been dismissed by this Court vide common order dated 25.04.2025 with liberty to the petitioners to approach the Debts Recovery Tribunal. The present petition is not maintainable and is, accordingly, dismissed.
2. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.
Sd/- B PRASADA RAO ASSISTANTfREGiSTRA R //TRUE COPY// OFFICER SEC To,
1. One CC to Sri Bhuvanagiri Subramanya Kumar, Advocate [OPUC]
2. One CC to Sri T. B. L. Murthy, SC for Canara Bank [OPUC]
3. One CC to the Addl. Solicitor General of India, High Court of A.P.[OPUC]
4. Two CD Copies. ssb
\ / HIGH COURT DATED:25/07/2025
ORDER WP No. 19186 OF 2025 DISMISSING THE W.P. WITHOUT COSTS