f. APHC010443322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) j MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE^ AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23296 OF 2025 Between: 1. Jakkamsetty Shyam Sundar, S/o Srirama Murthy, Aged about 72 years, Business, Residing at D.No.4-1-10, Sri Sai Satya Anjaneya Complex, 0pp. Municipal Office Road Old Town Godavari District. 2. Smt. Jakkamsetty Lakshmi Saroja, W/o Syam Sundar, Aged 59 years. Residing at D.No.4-1-10, Sri Sai Satya Anjaneya Complex, 0pp. Municipal Office Road, Old Town Tanuku, West Godavari District. 3. Veeravalli Prasad, S/o Apparao, Aged about 59 years, D.No. 17-21- 20/3, T.Vemavaram road Tanuku, West Godavari District. Tanuku. West ...PETITIONERS AND 1. The Authorized Officer, Shriram Finance Limited, D.No. 22B-13-B, 2 Floor, Venatrama Power Press road. Opp Central bank Powerpet Eluru. West Godavari District, (new Eluru District) 2. The Branch Manager, Shriram Finance Limited D.No. 22B, 13-B, 2 Floor Venktrama Power Press Road, Opp Central bank, Powerpet Eluru, West Godavari District ( new Eluru District) nd nd 3. The Debt Recovery Tribunal, Rep by its Registrar, 31-32-54, Chitralaya Road Near Leelamahal Road Daba Gardens, Jagadambha Centre, Visakhapatnam. ...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, to declare the action of the 3'^'^ Respondent in not deciding the I.A.No.1930 of 2025 in S.A.No.292 of 2025 and the action of the 1st Respondent Financial Institution in making attempts to take over the Possession of the SA Schedule of Property i.e All that dry land covered by RS.N0.3/3B , Tanuku, Tanuku Municipality, out of total extent of Ac.0-42 cents divided into house plots in which Plot No.5 Advocates, D.No.3-616-3, Undavalli admeasuring 144 Sq.yards together with RCC building with Door No.6-103/1 consisting Ground plus two floors is illegal, arbitrary, contrary to the Provisions of Securitization and Reconstruction of Financial Assets and Security Interest Act, 2002 (SARFAESI Act). 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 1®‘ Respondent Bank not to take Possession of the SA Schedule of Property i.e All that dry land covered by RS.N0.3/3B , Tanuku, Tanuku Municipality, out of total extent of Ac.0-42 cents divided into house plots in which Plot No.5 admeasuring 144 Sq.yards together with RCC building with Door No.6-103/1 consisting Ground + two floors, till the I.A.No.1930 of 2025 in SA.No. 292 of 2025 before the DRT, Visakhapatnam is decided. Pending disposal of this Writ Petition. Counsel for the Petitioners: SRI S. SYAMSUNDER RAO Counsel for the Respondent Nos.1 to 3:-— — The Court made the following order: RcT?-.' ■ ' Bench Sr.No:-8 [3483] f APHC010443322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 23296 of 2025 ...Petitioner(s) Jakkamsetty Shyam Sundar and Others Vs. ...Respondent(s) The Authorized Officer and Others ■k-kifk-k'k-k-k-k'k Mr. S Syamsunder Rao Advocate for Petitioners; Advocate for Respondents: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 8*'^ September 2025 P C : The petitioners state that they have approached the Debts Recovery Tribunal by filing S.A. No. 292 of 2025 along with I.A. No. 1930 of 2025 seeking interim protection, but no orders have been passed thereon. It is stated that in the meantime, the respondents are trying to take possession of the secured asset which would cause irreparable loss and prejudice to the interest of the petitioners, besides making the proceedings before the Tribunal academic. w-'- 2 HCJ & RC, J W.P. No: 23296of 2025 Therefore, we dispose of this petition with a direction to the Debts Recovery Tribunal to pass appropriate speaking order in I.A. No. 1930 of 2025 in S.A. No.292 of 2025 on the next date of hearing, which is on 09.10.2025. Learned counsel for the respondents shall file its objections in the meantime with an advance copy to the learned counsel for the petitioners. Till such time as the appropriate orders are passed, the possession of the petitioners over the secured asset shall not be disturbed. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// // ^ SECTION OFFICER To, 1. The Authorized Officer, Shriram Finance Limited, D.No. 22B-13-B, 2 Floor, Venatrama Power Press road. Opp Central bank PowerpeL- Eluru. West Godavari District, (new Eluru District) 2. The Branch Manager, Shriram Finance Limited D.No. nd nd 22B, 13-B, 2 Floor Venktrama Power Press Road, Opp Central bank, Powerper Eluru, West Godavari District ( new Eluru District) 3. The Registrar, Debt Recovery Tribunal, 31-32-54, Chitralaya Road Near Leelamahal Road, Daba Gardens, Jagadambha Centre, Visakhapatnam. 4. One CC to Sri S. Syamsunder Rao, Advocate [OPUC 5. Two CD Copies. ssb HIGH COURT DATED:08/09/2025 ORDER WP No. 23296 OF 2025 AND«^ CP 16 SEP 2025 m O ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS