APHC010454012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) A a? 05^ f TUESDAY, THE SECOND DAY OF SEPTEMBER |p TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE * AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23039 OF 2025 Between: Nukabathina Koteswaramma, W/o. Late Venkatrao, Aged 48 years, Occ. House wife, R/o. D.No.5-60-3/198, 7th line. Cobalt Pet, Guntur, Guntur District. ...Petitioner AND 1. Union of India, Rep. by its Secretary to Government of India, Ministry of Finance, New Delhi. 2. Reserve Bank of India, Rep. by its Regional Director, Fort Glacis, No. 16, Rajaji Salai, Chennai - 600 001. 3. M/s SMFG India Home Finance Co Ltd, Rep. by its Managing Director, Corporate Office. 503 and 504, Adani Inspire, Bandra Kurla Complex Rd, G Block BKC, Bharat Nagar, Bandra East Mumbai - 400051 4. The Branch Manager, M/s SMFG Grihashakti, (Formerly Fullertonindia Home Finance Co. Ltd.,) #27-23-252. 4th floor, Bhaskar Plaza, Gopala Reddy Read, Governorpeta, Vijayawada, N.T.R. District. 5. Sri M Samba Siva Rao, S/o. Not known to the petitioner Advocate Commissioner, Principal Assistant Sessions Judge, Guntur - Cum - Chief Judicial Magistrate, Guntur, Guntur District Court Buildings Guntur. OB^^^ports wear. Rep by its Proprietor Shaik Umar Basha R/o. D.No.26- Near KKR Plaza, Nagarampalem, Guntur - 522002. ^S^Shaik Umar Basha, S/o. Shaik Khasim, R/o. D.No.5-59-66, 4th lane, Dobal Pet, Nearr Hawa Manzil Apartments, Guntur. 8. Shaik Hussain Bi, W/o. Shaik Khasim, R/o. D.No.5-59-66, 4th lane, Dobal Pet, Nearr Hawa Manzil Apartments, Guntur. y . ...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 more particularly one in the nature of Writ of Mandamus declaring the action of the 4^^ respondent in illegally seized my house and forcibly evicting me and my family from our residential property bearing D.no. 5-68-1/2, 5-68-1/A, Assessment no. 11973, 11970, admeasuring 135 sp. Yards, covered by Survey no.24/1, situated in ward no.5, block no.1, Guntur Municipal Corporation area, Guntur District, on 28.08.2025, pursuant to a warrant issued in CrI.Mp. No.578/2025 by the Principal Assistant Sessions Judge-cum-Chief Judicial Magistrate, Guntur based on misrepresented facts, as illegal, irregular, irrational, without jurisdiction and against principles of Natural Justice and provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently quash the order dated 28.07.2025 passed by the Principal Assistant Sessions Judge-cum-Chief Judicial Magistrate, Guntur, in CrI.M.P. No. 578/2025 and direct the respondents to provide immediate access to my household belongings locked inside the property, including furniture, appliances and personal documents, to mitigate ongoing hardship lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumetances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order dated 28.07.2025 passed by the Principal Assistant Sessions Judge-cum-Chief Judicial Magistrate, Guntur, in Crl.M.I^. No. 578/2025 and consequently direct the respondents 3 to 5 to restore possession of the property in respect of the Secured Asset viz, residential house bearing Door No. 5-68-1/2, 5-68-1/A, Assessment Nos. 11973, 11970, admeasuring 135 sq. yards, covered by Survey No. 24/1, situated in Ward No. 5, Block No. 1, Guntur Municipal Corporation area, Guntur District to me and not to interfere with the said property in any manner, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI A V KONDAIAH REPRESENTING SRI SAIDULU SHAIK Counsel for the Respondent No.1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos. 2 to 8: —- The Court made the following order: APHC010454012025 Bench Sr.No;-24 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI a? 05^ WRIT PETITION NO: 23039 of 2025 Nukabathina Koteswaramma ...Petitioner Vs. Union of India and others ...Respondents ********** Advocate for Petitioner Mr. A.V. Kondaiah representing Mr. Saidulu Shaik Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 2"“ September, 2025 DATE PC ■■ The petitioner is a tenant in a property which was the subject matter of action under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The advocate commissioner is stated to have taken possession of the premises which was being occupied by the petitioner as a tenant. The limited grievance of the petitioner is that while taking possession, the household articles of the petitioner including utensils have been locked inside the property and, therefore, seeks a direction for the release of the same. 2 Ha & RC, J WP_23039_2025 Considering the limited nature of controversy, we allow this Writ Petition and direct respondent No.5 as also respondent Nos.3 & 4 to ensure delivery of the articles belonging to the petitioner including furniture, appliances and utensils etc., to the petitioner within one week from today under proper receipt. No order as to costs. Miscellaneous applications pending if any shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Secretary to Government of India, Union of India, Ministry of Finance, New Delhi. 2. The Regional Director, Reserve Bank of India, Fort Glacis, No. 16, Rajaji Salai, Chennai - 600 001. 3. The Managing Director, M/s SMFG India Home Finance Co Ltd, Rep. by its Corporate Office. 503 and 504, Adani Inspire, Bandra Kurla Complex Rd, G Block BKC, Bharat Nagar, Bandra East Mumbai - 400051 (By Speed Post) 4. The Branch Manager, M/s SMFG Grihashakti, (Formerly Fullertonindia Home Finance Co. Ltd.,) .27-23-252, 4th floor, Bhaskar Plaza, Gopala Reddy Road, Governorpeta, Vijayawada, N.T.R. District. (By Speed Post) 5. Sri M Samba Siva Rao, S/o. Not known to the petitioner Advocate Commissioner, Principal Assistant Sessions Judge, Guntur - Cum - Chief Judicial Magistrate, Guntur, Guntur District Court Buildings, Guntur. (By Speed Post) 6. One CC to Sri Saidulu Shaik, Advocate [OPUC] 7. One CC to the Additional Solicitor General of India, High Court of Andhra Pradesh. [OPUC] 8. Two CD Copies TF (gsg) HIGH COURT DATED:02/09/2025 ORDER WP NO. 23039 OF 2025 g( 2 2 SEP 2025 )g rrentSectjonX^^ ALLOWING THE W.P. WITHOUT COSTS