Extracted from the PDF above. The PDF is authoritative.
APHC010458782025 IN THE HIGH COURT OF ANDHRA PRADESji AT AMARAVATI (Special Original Jurisdiction) J >V3 /■? /tst WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION Nos. 23263. 23264, 2328¥& 23324 OF 2025 WRIT PETITION NO: 23263 OF 2025 Between: Akula Venkateswara Rao, S/o Venkaiah, Aged about 50 Years, Occ. Cultivation, R/o 1-78, Bodawadamandagunta, Parchur, Prakasam District ...PETITIONER AND Central Bank of India, Chirala Branch, Chirala, Bapatia District Rep. by its Authorized Officer ...RESPONDENT^ 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 respondent in issuing e-auction sale notice dated 30.07.2025 for the Plot. 203, 2"'' Floor, bearing D. No. 13- 24 of Tarakarama Enclave, Parchuru Village and Mandal, Bapatia District for conducting e-auction on 02.09.2025 fixing the 10,00,000/- (Rupees Ten Lakhs Only) as bad, illegal, arbitrary, violative of reserve price as Rs. violative of Articles 14, 21 & 300-A of principles of Natural Justice and Constitution of India and consequently set aside the impugned e-auction notice. 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 stay all further proceedings pursuant to the e-auction sale notice dated Floor, bearing D. No. 13-24 of Enclave Parchuru Village & Mandal, Bapatla District for nd Plot No. 203, 2 30.07.2025 for the Tarakarama conducting e-auction on 02.09.2025. Counsel for the Petitioner; SRI M.V.S. NIKHIL KASHYAP representing SRI D. V. SASIDHAR-^ Counsel for the Respondent:— APHC010458752025 WRIT PETITION NO: 23264 OF 2025 Between: Aged about 67 Years, Occ: Muvva Venkata Rao, S/o Venkateswarlu, R/o D.No. 2-190, Bodawada, Mandagunta Parchur, Prakasam Cultivation, District ...PETITIONER AND Central Bank of India, Chirala Branch, Chirala, Bapatla District Rep.
by its Authorized Officer ...RESPONDENT
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 t to issue a writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondent in issuing e-' auction sale notice dated 30.07.2025 for the Plot No. 202, 2"^^^ Floor, bearing D. No. 13-24 of Tarakarama Enclave, Parchuru Village AND Mandal, Bapatia District for conducting e-auction on 02.09.2025 fixing the reserve price as Rs. 10,00,000/- (Rupees Ten Lakhs Only) as bad, illegal, arbitrary, violative of principles of Natural Justice and violative of Articles 14, 21 & 300-A of Constitution of India and consequently set aside the impugned e-auction notice. ^ f 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 stay all further proceedings pursuant to the e-auction sale notice dated 30.07.2025 for the Plot No. 202, 2"^^ Floor, bearing D. No, 13-24 of Tarakarama Enclave, Parchuru Village & Mandal, Bapala District for conducting e-auction on 02.09.2025. - Counsel for the Petitioner; SRI M.V.S. NIKHIL KASHYAP representing SRI D. V. SASIDHAR - Counsel for the Respondent:— APHC010459792025 WRIT PETITION NO: 23288 OF 2025 ^ Between: Motupalli Srinivasa Rao, S/o Tirupataiah, Aged about 52 Years, Occ Cultivation, R/o H.No. 4-112, Nagulapalem, Parchur, Prakasam District
...PETITIONER AND Central Bank of India, Chirala Branch, Chirala Bapatia District Rep. by its Authorized Officer ...RESPONDENT 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 respondent in issuing e- auction sale notice dated 30.07.2025 for the residential Flat No. 16, bearing D. No. 13-24 of Tarakarama Enclave, Parchuru Village and Mandal, Bapatia District on 02.09.2025 fixing the reserve price as Rs. 10,00,000/- (Rupees Ten Lakhs Only) as bad, illegal, arbitrary, violative of principles of Natural Justice and violative of Articles 14, 21 & 300-A of Constitution of India and consequently set aside the impugned e-auction notice^ 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 stay all further proceedings pursuant to the e-auction sale notice dated 30.07.2025 for the Flat No. 16, bearing D. No. 13-24 of Tarakarama Enclave, Parchuru Village & Mandal, Bapatia District for conducting e-auction on
02.09.2025. Counsel for the Petitioner: SRI M.V.S. NIKHIL KASHYAP representing SRI D. V. SASIDHAR Counsel for the Respondent:-—
APHC010459452025 WRIT PETITION NO: 23324 OF 2025 Between: Chittineni Ravindra Babu, S/o Ankamma, Cultivation, Aged about 58 Years, Occ- R/o 6-53, Veerannapalem, Prakasam District Andhra Pradesh ...PETITIONER AND Central Bank of India, Chirala Branch, Chirala Bapatia District Rep. by its Authorized Officer ...Respondent under Article 22^f the Constitution of India praying that in the the affidavit filed therewith, the High Court may be Petition circumstances stated in pleased to issue a writ order or direction more particularly, one in the nature of declaring the action of the respondent in issuing e-auction Writ of Mandamus, sale notice dated 30.07.2025 for the Plot No. 205, 2"'^ Floor, bearing D. No. Enclave, Parchuru Village and Mandal, Bapatia District 13-24 of Tarakarama for conducting e-auction on 02.09.2025 fixing the reserve price 10,00,000/- (Rupees Ten Lakhs Only) as bad, illegal, arbitrary, violative of and violative of Articles 14, 21 and 300-A of India and consequently set aside the impugned e-auctiorp as Rs. principles of Natural Justice Constitution of notice.
principles of Natural Justice Constitution of notice. 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 stay all further proceedings pursuant to the e-auction sale notice dated Floor, bearing D. No. 13-24 of^ 30.07.2025 for the Plot No. 205, 2nd
Village & Mandal, Bapatla District for Enclave, Parchuru conducting e- auction on 02.09.2025, Counsel for the Petitioner: SRI M.V.S. NIKHIL KASHYAP representing SRI D. V. SASIDHAR Tarakarama Counsel for the Respondent:— The Court made the following; COMMON ORDER
Ill IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:- 7, 8, 9& 10 [3552] APHC010458782025 WRIT PETITION NO: 23263 of 2025 along with W.P.Nos.23264, 23288 & 23324 of 2025 W.P.No.23263 of 2025 Akula Venkateswara Rao ...Petitioner Vs. Central Bank of India ...Respondent ********** Advocate for Petitioner(s) Mr. M V S Nikhil Kashyap representing Mr. D V Sasidhar Advocate for Respondents
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN : 3^^* September, 2025 DATE PC : Considering the fact that the petitioners can avail an equally efficacious alternative remedy before the Debts Recovery Tribunal and considering the ratio of the judgments of the Apex Court in Radha Kristian Industries V. State of Himachal Pradesh [(2021) 6 SCC 771] and United Bank of India V. Satyawati Tondon [(2010) 8 SCC 110], we are not inclined to invoke our extra-ordinary writ jurisdiction under Article 226 of the Constitution of India.
Pcs 2 HCJ &CGR,J WP_23263,23264,23288 & 23324_2025 The Writ Petitions are accordingly dismissed with liberty to the petitioners to approach the appropriate forum. No order as to costs. / Miscellaneous applications pending, if any, shall stand closed.
Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To.
1. One CC to Sri D. V. Sasidhar, Advocate [OPUC]
2. Two CD Copies. ssb >
HIGH COURT DATED:03/09/2025 COMMON ORDER WP Nos. 23263, 23264, 23288 & 23324 OF 2025 ^2 2 SEP 2025 ^e, ! Sectio&X»^ DISMISSING THE WRIT PETITIONS WITHOUT COSTS