0 APHC010468282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ^ J (L^xi no MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE '" "" ■m ■A# PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23708 OF 2025 Between: Chintapalli Sarveswara Rao, S/o Surayya, Aged about 48 years, Occupation Agriculture, R/o Gollagudem, Kamavarapukota Village and Mandal, Eluru District, Andhra Pradesh. ...Petitioner AND 1. Union of India, Represented by its Secretary (Law and Justice) New Delhi. 2. The Debts Recovery Tribunal, Represented by its Chairman, 31-31-21, Narayana Bhavan, Saibaba Street, Daba Gardens, Visakhapatnam. 3. Edupuganti Hari Bhagavan, S/o E.Siva Murthy, Aged about 45 years, Occ Business, R/o Eluru Town, Eluru District, Andhra Pradesh. 4. Sri V Venkata Ramana, , S/o. Not known to the Petitioner, Aged about 45 years, Occ Advocate, H.No.25, Phase No.1, STBL Projects, Sattivanepalem, Sheela Nagar, Visakhapatnam. 5. Tammineni Chandra Sekhara Srinvias, S/o.T.Lakshmi Narayana, Aged about 57 years, Occ: Agriculture, R/o. Sagipadu Village, Kamavarapukota Mandal, Eluru District. 6. The Recovery Officer, The Debts Recovery Tribunal Narayana Bhavan, Saibaba Street, Daba Gardens, Visakhapatnam. 31-31-21 ...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 declaring, the Commissioner Warrant of the Respondent Nos.2 and 6 and the Notice to the Certificate Debtor by the Advocate Commissioner dated 02.09.2025 of the Respondent No.4 in respect of the agricultural land ad-measuring Ac. 15-17 Cents (out of total land total ad-measuring Ac. 17-17 Cents) with oil palm and cocoa plantation situated in RS.No.444, 445/1, 445/2, 445/3 situated in Vallampatia Village, T- Narsapuram Mandal, Eluru District, Andhra Pradesh as illegal, arbitrary. wholly without jurisdiction and violative of principles of natural justice and Articles 14, 19, 21 and 300-A of the Constitution of India and quash the same and consequently direct the Respondents not to interfere with the Petitioners agricultural operations in respect of the agricultural land ad-measuring Ac.15- 17 Cents (out of total land ad measuring Ac. 17-17 Cents) with oil palm and RS.No.444, 445/1, 445/2, 445/3 situated in Vallampatia Village, T- Narsapuram Mandal, Eluru District, Andhra Pradesh save as otherwise provided under the law. cocoa plantation situated in 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 Commissioner, Warrant of the Respondent Nos.2 & 6 and the Notice to the Certificate Debtor by the Advocate Commissioner dated 02.09.2025 of the Respondent No.4 in respect of the agricultural land ad measuring Ac.15-17 Cents (out of total land total ad-measuring Ac. 17-17 Cents) with oil palm and cocoa plantation situated in RS.No.444, 445/1, 445/2, 445/3 situated in Vailampatia Village, T- Narsapuram Mandal, Eluru District, Andhra Pradesh. Counsel for the Petitioner: SRI M R K CHAKRAVARTHY APPEARING VICE SRI VALLURU CRETAN SUSHEEL Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA The Court made the following order: APHC010468282025 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-1 AT AMARAVATI [3483] WRIT PETITION NO: 23708 of 2025 Chintapalli Sarveswara Rao ...Petitioner Vs. Union Of India and Others ...Respondent(s) •k-kitikieiticitide Advocate for Petitioner: Mr. M. R. K. Chakravarthy appearing vice Mr. Valluru Chetan Susheel Advocate for Respondent: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : September 2025 DATE PC : Considering the fact that the petitioner does have an equally efficacious remedy of appeal under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993, and considering the various pronouncements of the Apex Court especially in the case of United Bank of India v. Satyawati Tondon^ and Celir LLP v. Bafna Motors (Mumbai) (P) Ltd. ^ appropriate to exercise our extraordinary writ jurisdiction under Article 226 of the Constitution of India. we do not deem it ' (2010) 8 see 110 ^ (2024) 2 see 1 2 HCJ a RC, J W.P. No: 23708 of 2025 While it will be open to the petitioner to approach the Debts Recovery Tribunal, status quo be maintained for a period of one week from today. The writ petition is, accordingly, disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/-G.HELANAIDU ASSISTANT REGISTRAR //TRUE COPY// fiy SECTION OFFICER To, 1. The Secretary (Law and Justice), Union of India, New Delhi. 2. The Chairman, Debts Recovery Tribunal, 31-31-21, Narayana Bhavan Saibaba Street, Daba Gardens, Visakhapatnam. 3. The Recovery Officer, The Debts Recovery Tribunal, 31-31-21 Narayana Bhavan, Saibaba Street, Daba Gardens, Visakhapatnam. 4. One CC to Sri. Valluru Chetan Susheel Advocate [OPUC] 5. One CC to The Additional Solicitor General of India [OPUC] 6. Two CD Copies GSC HIGH COURT DATED:08/09/2025 ORDER WP NO. 23708 OF 2025 DISPOSING THE WP WITHOUT COSTS