CHENNEMSETTY SARIKA @ VENKATA SARIKA v. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE
WP/20061/2025 · 2025-08-03
Dhiraj Singh Thakur, Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26968 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26968 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010382092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20061 OF 2025 Between: Smt. Chennemsetty Sarika @ Venkata Sarika, W/o Manikumar, female, Age 35 years, Carolina, USA, Email, sarikachennamsetty9@gmail.com. Contact No. 007- 704-7793549 (Native of D.No. 24-1-42, Ameenapeta, Eluru, West Godavari District, Eluru temporarily residing in the above address). Indian, #970, Anatrella In, Nw, Concord 28027, North ...Petitioner AND
1. The District Collector and District Magistrate, Eluru, Eluru District. 2. TheTahsildar, Eluru Urban, Eluru District
3. The Kanaka Mahalakshmi Co-Operative Bank Ltd Manager, Satrampadu Branch, G and T Road, I Erstwhile West Godavari District. , Rep. by its Branch Eluru, Eluru District, ...Respondents praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one Petition under Article 226 of the Constitution of India
c* in the nature of Writ of Mandamus declaring the highhanded action of the respondents in executing the orders passed by the 1st respondent (Under S^RFAfeSI ACT) vide D.Dis.e-1156120/2018/D7, dated 02.02.2018 by seizing the property on 03.07.2025 after lapse of 7 years in H.No.27-1-42 Journalist Colony, Ameenapeta, Eluru which is highly illegal and arbitrary and violation of principals of natural justice and consequently direct the respondents to release the seized property on 03.07.2025. 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 to release the house property in H.No.27-1-42 Journalist Colony, Ameenapeta, Eluru immediately as the entire belongings of the tenants which are kept in the seized property which violates fundamental rights of the citizens pending disposal of the main writ petition. Counsel for the Petitioner: SRI ELURU SESHA MAHESH BABU Counsel for the Respondent Nos. 1 & 2: GP FOR REVENUE Counsel for the Respondent No.3: — The Court made the following order:
% APHC010382092025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:- AT AMARAVATI 14 [3483] I WRIT PETITION NO: 20061 of 2025 Smt Chennemsetty Sarika @ Venkata Sarika ...Petitioner Vs. The District Collector & District Magistrate, Eluru, Eluru District and others.
...Respondents ********** Advocate for Petitioner Sri Eluru Sesha Mahesh Babu Advocate for Respondents Learned Government Pleader for Revenue
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 4th August 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^. ’ (2021) 6 see 771 ^ [(2010)8 see 110 ;
2010 INSe 428]
2
2. The Writ Petition is, accordingly, dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.
Sd/-B.PRASADA RAO ASSISTANT REGj^JRAR //TRUE COPY// SECTION OFFICER To,
1. One CC to Sri Eluru Sesha Mahesh Babu, Advocate [OPUC] Two CCS to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies
2.
3. TF
, m HIGH COURT DATED:04/08/2025 ands^
ORDER WP NO. 20061 OF 2025 5 1.9 AUG 2025 , ^ ^ Current section . ^^;^SgATCH|S<^ DISMISSING THE W.P., WITHOUT COSTS