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2025 DAILYLAW 27475 (AP)

UNION BANK OF INDIA v. THE STATE OF AP

WP/20234/2025 · 2025-08-06

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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APHC010389712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ^ PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE^ ■v: a AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 20234 OF 2025 Between: Union Bank of India, Asserts f Vijayawada - 1 Rep by its Authorized Officer. Recovery Branch, RR Appa Rao Street, ...PETITIONER AND I- The State of Andhra Pradesh Rep. by the Secretary, Stamps and Registration, Secretariat, Velagapudi, Andhra Pradesh 2. The Sub Registrar-Piduguralla, Registration Pidugurallam Mandal, Guntur District. of Stamps & Revenue, 3. M/s Vamsadhara Ginning and Pressing Industries, Rep by its Managing Partners Sonlineni Vehkateswara Rao, Door No.7-213/A, Piduguralla, Guntur District, A.P., 4. Chigurupati Cina Subba Rao, S/o Chalapathi Rao, D.No. chalapati Rao gari Bazaru Piduguralla, guntur, A.P. 522 413 5. Maram Phani Kumar, S/o Subbba Rao Andhra Pradesh- 532 415 6. Kosru Venkata Subba Rao, AswiniTheatre, Piduguralla Guntur District 16-524/2, D.No.4-113, Gurazala, Guntur S/o VenkataRatnam, D.No.7-204 , A.P. 522 413 Near 7. Suneel Kumar Munaga V N, S/o Venkata Satyanrayana, D No.5-285, L.P. Road, Darsi Dist-Prakasam 8. Kotha Satyanrayana, S/o Rajitha Giripathi lage 13-55, Near Shirdi Sai Baba Temple, Piduguralla District-Guntur Andhra Pradesh - 522 413 9. Ptia Pratap. S/o Chalapathi Rao D No. 16-524/2, Piduguralla Guntur Andhra Pradesh - 522 413 ...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 or Order or direction more particularly one in the nature of Writ of 3 Mandamus declaring the inaction of the 2"^ Respondent in registering the Sale Certificate dated 20.06.2025 issued by the Petitioner Bank under the provisions of SARFAESI Act in relation to the auctioned property of land admeasuring an D.No.665/1, Sub-Division D.No.665/IB extent of Ac.2.85 cents of land in National Highway Road, Kamepalli Village and Panchayath, Piduguralla Mandal, Guntur District, Andhra Pradesh and an extent of Ac.0.04 cents of vacant site in D.No.668 of Kamepalli Gram Panchayath Limits, Piduguralla Mandal, Guntur District along with all the constructions Andhra Pradesh improvements, easementary rights existing and appurtenant thereon on the pretext that Respondent No.4 has obtained an order of Attachment Order on the said properties in I.A.No.665/2024 O.S.No.46/2024 dated 26.11.2024 in on the file of the Hon’ble Addl. Senior Civil Judge, Narasaraopet against the 3'" Respondent and the said property has properties as illegal and consequentially issued by the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in favour of the 5‘^ to 9'^ Respondents in relation to the said property. been included in the list of prohibited | to direct the 2^^^ Respondent to register the Sale Certificate Petitioner Bank under the lA NO: 1 OF 7091^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of fhe petition, the High Court may be pleased to pass Interim orders pending disposal of the Writ Petition directing the 2 nd Respondent to register the Sale Certificate Petitioner Bank under the dated 20.06.2025 issued by the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest of fhe Respondents 5 to 9 in relation to the property Viz a land admeasuring an extent of Ac.2.85 cents of land in D.No.665/1, Sub-Division D.N0.665/IB National Highway Road, Kamepalli Village Mandal, Guntur District, Andhra Pradesh Act, 2002 in favour and Panchayath, Piduguralla and an extent of Ac.0.04 cants of vacant site in D.No.668 of Kamepalli Gram Panchayath Mandal, Guntur District, Andhra Pradesh. ^ Limits, Piduguralla Counsel for the Petitioner: SRI VEMURU VP MURTHY Counsel for the Respondent Nos.1 & 2:GP FOR STAMPS AND REGISTRATION SRI KANNAMA REDDY SRINIVAS to 9:—- LAKSHMINARASIMHA Counsel for the Respondent No.3: Counsel for the Respondent Nos.4 The Court made the following order: APHC010389712025 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-i3 [3446] AT AMARAVATI WRIT PETITION NO: 20234 of 2025 Union Bank Of India ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner: Mr. Vemuru VP Lakshminarasimha Murthy GP for Registration and Stamps for R.1 & R.2 Advocate(s) for Respondent(s); CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 7“^ August, 2025 DATE P C : Learned counsel for the petitioner states that the matter is rendered infructuous. The Writ Petition is, accordingly, disposed of as infructuous. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SE (StsS^fficer To, 1. One CC to [OPUC] One CC to Sri Kannama Reddy Srinivas, Advocate [OPUC]'" Two CCs to GP for Stamps and Registration Pradesh [OUT] Two CD Copies. Sri Vemuru VP Lakshminarasimha Murthy, Advocate 2. 3. High Court of Andhra^-- 4. ssb HIGH COURT ^ DATED:07/08/2025 1; w ORDER WP No. 20234 OF 2025 S 2 8 AUG 2025 ntSectjgp^ Co DISPOSING OF THE W.P. AS INFRUCTUOUS WITHOUT COSTS y J