tM APHC010430962025 JN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Bm- TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21906 OF 2025 Between: 1. Kundeti Srinivasa Rao, s/o Venkaiah r/o Fiat. No: 303, 2nd floor, B-Block, S S V Vaibhav, D. No;3-1-227, Ramarajyanagar, VD Puram Vijayawada, Krishna District, 520012 2. Kundeti Rajya Lakshmi, w/o Kundeti Srinivasa Rao Flat, no 305, 2nd floor, B-Block, S S V Vaibhav, Vijayawada, Krishna District, 520012 D. No: 3-1-227, Ramarajyanagar, VD Puram ...Petitioners AND 1. State Bank of India, Retail Asset Central Processing centre-ll Branch, D. 59-13-4, Gantasalavari Street, Gayatri Nagar Vijayawada- 52008. 2. Chakka Bhanu Varma, Avocate Commissioner, Vijayawada 3. The Debt Recovery Tribunal, Rep. by its Registrar, D. no 31-32-54 Chitralaya Road, Near Leelamahal Road Centre, Visakhapatnam no Daba Gardens, Jagadambha ...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 particularly one in the nature of writ of MANDAMUS to declare the action of 1®* respondent institutional bank in making attempts to take over the physical possession/eviction of the SA schedule property in undivided share of 36.0 Sq. yds out of 1161.60 Sq. yds along with RCC building contracted thereon in Vidhyadharapuram Village, portion RS. No 18/7, D. No 3-1-227, Municipal ward. Asst, no 13846, plinth and common area of 1017 Sq.ft, car parking 77 Sq.ft. Flat, no 303, 2"^^ floor, SSV Vaibhav Apartment, Ramarajya Nagar, Vijayawada, Krishna District when an application is filed under section 17 of the SARFAESI Act along with the I.A. seeking stay, is pending before the 3^'^ respondent in pursuant to the notice datedi4.08.2025 issued by the 2"'^ respondent appointed by Cheif Judicial Magistrate, Vijayawada vide. CrI.M.P. No. 1901 of 2025 in C.F. NO; 5399 of 2025 allegedly initiated under section 14 of the Act, is illegal, arbitrary, contrary to the provisions of SARFAESI Act, 2002 and consequently to set-aside the order passed by CrI.M.P. No. 1901 of 2025 in C.F. NO 5399 of 2025 and direct the 1st respondent bank not to take possession/evictionof the SA schedule property till the I.A in S.A. No1217 of 2025 before the 3rd respondent is decided, in the interest of justice and to pass 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 further proceedings in pursuance of the warrants of the commission, order passed by Chief Judicial Magistrate, Vijayawada vide. CrI.M.P. No. 1901 of 2025 in C.F. NO: 5399 of 2025 for taking physical possession/eviction SA schedule property till the I.A in S.A. No: 1217 of 2025 before the 3rd respondent is decided, in the interest of justice pending disposal of the above writ petition and to pass Counsel for the Petitioners: KUNTAMUKKALA SAI SREE SANJAY counsel for the Respondents: made the following order: i The Court APHC010430962025 Bench Sr.No:-4 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I WRIT PETITION NO: 21906 of 2025 Kundeti Srinivasa Rao and another ...Petitioners Vs. State Bank of India and others ...Respondents ********** Mr. Kuntamukkala Sai Sree Sanjay Advocate for Petitioners Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 19*^ August, 2025 DATE PC The case of the petitioners is that even when an S.A bearing No.363 of 2025 has been filed before the Debts Recovery Tribunal, Visakhapatnam, along with an application seeking interim protection, only notice was issued without giving any reasons as to why interim protection was not justified at that stage. In the meantime, it is stated that the petitioners are sought to be evicted from the secured asset with the respondent bank, which would render the proceedings before the Debts Recovery Tribunal academic. 2 HO & RC, J WP 21906_2025 Considering the limited prayer made in the present petition, the same is direction to the Debts Recovery Tribunal, Visakhapatnam, disposed of with a to consider the interlocutory application filed by the applicants seeking interim protection in S.A.No.363 of 2025, positively on the next date of hearing and pass appropriate orders. Till then, status quo be maintained with regard to the the secured asset. No order as to costs. possession of the petitioners over Miscellaneous applications pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// frra^oFi^ER SEC To, ,, Retail Asset Central Processing centre-11 Branch, Gantasalavari Street, Gayatri Nagar Vijayawada- 52008. 1. State Bank of India D. no 59-13-4, 2 2. Chakka Bhanu Varma. Avocate Commissioner, Vijayawada by its Registrar, D. no 31-32-54, Leelamahal Road Daba Gardens, Jagadambha 3. The Debt Recovery Tribunal, Rep. Chitralaya Road, Near Centre, Visakhapatnam 4. One CC to Sri 5. Two CD Copies Kuntamukkala Sai Sree Sanjay Advocate [OPUC] MBT (gsg) HIGH COURT DATED: 19/08/2025 ORDER <9\ s 3 0 AUG 2025 m WP NO. 21906 OF 2025 ^ . Current Section DISPOSING THE W.P WITHOUT COSTS