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2025 DAILYLAW 27497 (AP)

UNION BANK OF INDIA v. THE STATE OF AP

WP/20252/2025 · 2025-08-13

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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APHC010389272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special OriginalJurlsdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST 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: 20252 OF 2025 Between: Union Bank of India, Asserts Recovery Branch, RR Appa Rao Street, Vijayawada - 1, Rep. by its Authorized Officer. ...PETITIONER AND 1. 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. 3. The Assistant Commissioner of Stamps & Revenue (S.T), Income Tax Department, Piduguralla Circle, Guntur District 4. M/s. Vamsadhara Ginning and Pressing Managing Partners Sontineni Venkateswara Industries, Rep. by its Rao, Door No.7-213/A, Piduguralla, Guntur District, A.P. 5. Chigurupati Cina Subba Rao, S/o Chalapathi Chalapati Rao gari Bazaru, Piduguralla, Guntur, A.P. 522 413 6. Maram Phani Kumar, S/o Subbba Rao Andhra Pradesh- 532 415 Rao, D.No. 16-524/2 D.No.4-113, Gurazala, Guntur 7. Kosru Venkata Subba Rao, S/o. VenkataRatnam AswiniTheatre, Piduguralla Guntur District, A.P. 522 413 8. Suneel Kumar Munaga V N, S/o. Venkata Satyanrayana L.P. Road Darsi Dist-Prakasam . 9. Kotha Satyanrayana, S/o. Rajitha Giripathi lage 13-55, Near Shirdi Sai Baba Temple Piduguralla District -Guntur Andhra Pradesh - 522 413 10. Ptia Pratap, S/o Chalapathi Rao, D. No. 16-524/2, Piduguralla, Guntur Andhra Pradesh - 522 41 D No.7-204, Near \ D No.5-285, ...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 nature of Writ of Mandamus declaring the inaction of the 2 registering the Sale Certificate dated 20.06.2025 issued by the Bank under the provisions of SARFAESI Act in relation to the auctioned cents of land in more particularly one in the nd Respondent in Petitioner property of land admeasuring an extent of Ac.2.85 D.No.665/1, Sub-Division D.No.665/IB National 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 Highway Road, Kamepalli Andhra Pradesh along with all the constructions, improvements, easementary rights existing and appurtenant thereon on the pretext that Respondent No.3 has issued an Prohibitory Letter on the said properties bearing R.C No.GSTIN 37AAOFV0121H1Z8, dated 19.06.2025 25 against the 4*" Respondent and the said property has been included in the list of prohibited properties as illegal and consequentially to direct the 2 in nd Respondent to register the Sale the Petitioner Bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in favour of the S'” to O'" Respondents in relation to the said property. Certificate issued by 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 pass Interim orders pending disposal of the Writ Petition directing the 2 Respondent to register the Sale Certificate dated nd 20.06.2025 issued by the Petitioner Bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 of the Respondents 5 to 9 in relation to the property Viz a land admeasuring an extent of Ac.2.85 cents of land in D.NC.665/1, Sub-Division D.No.665/1B National Highway Road, Kamepalli 6 Village and Panchayath, Piduguralla Mandal, Guntur District, Andhra Pradesh and in favour an extent of Ac.0.04 cents of vacant site in D.No.668 of Kamepalli Gram Panchayath Limits, Piduguralla Mandal, Guntur District, Andhra Pradesh. Counsel for the Petitioner; SRI VEMURU VP LAKSHMINARASIMNA MURTHY Counsel for the Respondent Nos.1 & 2: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: GP FOR COMMERCIAL TAX Counsel for the Respondent Nos.4 to 10:- The Court made the following order: APHC010389272025 Bench Sr.No:-7 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 20252 of 2025 Union Bank of India ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner Mr. Vemuru VP Lakshminarasimha Murthy Advocate for Respondents GP for Registration and Stamps for R.1 & R.2 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 14‘^ 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/- SHAIK MOHD. RAFl ASSISTANT REGISTRAR //TRUE COPY// totvl OFFICER SE' To, 1. One CC to Sri Vemuru VP Lakshminarasimha Murthy, Advocate [OPUC] 2. Two CCs to Pradesh [OUT] Two CCs to GP for Commercial Tax, High Court of Andhra Pradesh [OUT] 4. Two CD Copies. GP for Stamps & Registration, High Court of Andhra 3. ssb HIGH COURT DATED: 14/08/2025 ORDER WP No. 20252 OF 2025 o ((I 2 « Aue 20^ ** Section . **s2^PATCHeoJ5^ DISPOSING OF THE W.P. AS INFRUCTUOUS WITHOUT COSTS