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2025 DAILYLAW 27440 (AP)

Smt. Yelipe Chandrakantham v. UNION OF INDIA

WP/20055/2025 · 2025-07-31

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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APHC010388382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20055 OF 2025 Between: Smt. Yelipe Chandrakantham, w/o Late Arjunarao, aged about 63 years, occ Business, W.G.District r/o H.No. 4-85, Industrial Park, Satrampadu, Eluru - 534 007, ...PETITIONER AND 1. Union of India, rep. by its Principal Secretary, Ministry of Micro, Small and Medium Enterprises, Udyog Bhavan, New Delhi. 2. The Authrized Officer, State Bank of India, Stressed Assests Recovery Branch, Balajinagar Siripuram Junction, Visakhapatnam. 3. State Bank of India, rep. by its Chief Manager/Authorized Officer, Canal Road Branch, Eluru, W.G. District ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No. r 2 in issuing the impugned Possession Notice dt. 9.7.2025 and 17-7-2025 passing any orders on the explanation dt.6-5-2025 submitted to the without demand Notice dt. 3.4.2025 bearing No. F/SARBA/SKP/DHJ/1180 U/Sec. Reconstruction of Financial assets and 13(2) of the Securitization and Enforcement of Security Interests Act, 2002 (herein called SARFAESI Act) being illegal, arbitrary, unjust and unconstitutional and consequently set aside the notice dt. 3-4-2025 by directing the 2"^^ respondent to conduct thorough enquiry into the matter pursuant to the explanation dt. 6.5.2025, and to grant such other relief or reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case. as 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 grant stay of all further proceedings pursuant to the possession notices dt. 9-7-2025 and 17-7-2025 issued by the 2""^ respondent, pending disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioner: SRI P. L. RAO Counsel for the Respondent No.1: THE ADDL. SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 & 3:SRI S. SATYANARAYANA MOORTHY The Court made the following order: APHC010388382025 Bench Sr.No:-5 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 20055 of 2025 Smt. Yelipe Chandrakantham ...Petitioner Vs. Union of India and others ...Respondents ********** Advocate for Petitioner Sri P. L. Rao Advocate for Respondents Sri S. Satyanarayana Moorthy CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 1st August 2025 PC : Learned counsel for the petitioner is not able to convince us on any ground which would warrant interference by this Court by invoking our extraordinary writ jurisdiction under Article 226 of the Constitution of India. 2. The Writ Petition is, accordingly, dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, 1. One CC to Sri P. L. Rao, Advocate [OPUC] 2. One CC to the Addl. Solicitor General of India, High Court of A.P. at Amaravati[OPUC] 3. One CC to Sri S. Satyanarayana Moorthy, Advocate[OPUC] 4. Two CD Copies. ssb ■ HIGH COURT DATED:01/08/2025 ORDER WP No. 20055 OF 2025 DISMISSING THE W.P. WITHOUT COSTS