i'' 5 APHC010456832025 IN THE HIGH COURT OF ANDHRA PRADESH / AT AMARAVATI (Special Original Jurisdiction) ■Ji-7 TUESDAY,THE NINTH DAY OF SEPTEMBER 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: 23890 OF 2025 / Between: Cheri Bharathi, W/o. Dilleeswar Cheri, Aged 41 years, Occ House wife, R/o. D.No.9-245, Lingeswarnagar Panchayat Tirupati Rural Mandal, Tirupati 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 16, Rajaji Salai, Chennai - 600 001. 3. M/s Lie Housing Finance Ltd, Rep by its Managing Director, Regd. Office Bombay Life Bldg. MUMBAI- 400 001. 4. The Branch Manager, M/s Lie Housing Finance Ltd., Plaza, Near Muncipal Office Tirupati District. No. 2"^^ Floor, 45/47, Veer Nariman Road, 1"* Floor, Pmr W Mahal Road, Tirupati -517501, 5. Sri P. Thyagarajulu Commissioner, Chief Judicial Magistrate - cum - PrI. Senior Civil Judge Chittoor District Court Builds, Chittoor. S/o. Not known to the petitioner. Advocate 6. T Rishyananda, S/o. Reddappa, Aged 49 years, R/o. D.No.1-92, Bairagipatteda, Tirupati Town, Tirupati District. 7. Vankireddy Devendranadh Reddy, S/o. Reddappa Reddy, Aged 47 years, R/o. D.No.11-135, S.V.Nagar, Tirupati Town, Tirupati District. 8. Pullagunti Chandra, S/o. Subbaramayya, Aged 46 years, R/o. J.Vaddipalli Village, Obulavaripalli Mandal, Y.S.R.Kadapa District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court 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 attempting to take physical bearing Door No. 4-72, Assessment No. may be possession of petitioners residential property 1135, admeasuring 141.66 square yards, covered by Survey No. 324/4 and 325/3, situated in Satya Sai Nagar area No. 49, Sai Nagar Panchayat Ward No. 4, Tirupati Rural Mandal, Tirupati District, through 5*^^ Respondent, warrant frauduientiy obtained in Cri.M.P.No.31/2025 from the Chief Judiciai Magistrate - cum under the guise of commissioner - Principal Senior Civil Judge, Chittoor 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 notice dated 29.02.2024 commissioner warrant dated Magistrate, proceed with contemplated further issued by the 4th Respondent and the 21.07.2025 issued in CrI. M.P. No. 31/2025 by the Chief Judiciai Chittoor and direct the respondents not to < ^ steps in respect of petitioners aforesaid property Possession Notice nor interfere with the said property in any manner. 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 suspend the operation of the possession notice dated 29.02.2024 issued by the 4*'' Respondent and the commissioner warrant dated 21.07.2025 issued in CrI. M.P. No.31/2025 by the Chief Judicial Magistrate, Chittoor and consequently direct the respondents not to proceed with contemplated further steps in respect of the Secured Asset viz., residential house bearing Door No. 4-72, Assessment No. 1135, admeasuring 141.66 square yards, covered by Survey No. 324/4 and 325/3, situated in Satya Sai Nagar area No. 49, Sai c ^ Nagar Panchayat Ward No. 4, Tirupati Rural Mandal, Tirupati District nor interfere with the said property in any manner, pending disposal of the main Writ Petition. covered by the said Counsel for the Petitioner: SRI A.V.KONDAIAH representing SRI RAJENDRA C Counsel for the Respondent No.1: THE ADDL. SOLICITOR GENERAL OF - INDIA Counsel for the Respondent Nos.2 to 8:— The Court made the following order: Bench Sr.No:-6 [3483] APHC010456832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 23890 of 2025 ...Petitioner Cheri Bharathi Vs. ...Respondents Union of India and others ********** Advocate for Petitioner Mr. A V Kondaiah representing Mr. Rajendra C Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 9*^ September, 2025 DATE PC : Considering the fact that the petitioner has an equally efficacious alternative remedy before the Debts Recovery Tribunal and considering the ratio of the judgments of the Apex Court in Radha Krishan Industries V. State of Himachal Pradesh [(2021) 6 SCC 771] and United Bank of India V. Satyawati Tondon [(2010) 8 SCC 110], we do not find it a fit case to invoke our extra-ordinary writ jurisdiction under Article 226 of the Constitution of India. \ V _ .. -*■ 2 HCJ & RC, J WP_23890 2025 / The Writ Petition is, accordingly, dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// 9^ SECTION OFFICER To, 1. One CC to Sri Rajendra C, Advocate [OPUC] 2. One CC to the Addl. Solicitor General of India, High Court of A.P.-^ ' [OPUC] 3. Two CD Copies. ssb * < HIGH COURT DATED:09/09/2025 ORDER WP No. 23890 OF 2025 5 SEP 2825 s. ^ . Current Section . ^ DISMISSING THE W.P. WITHOUT COSTS