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2025 DAILYLAW 32144 (AP)

TATIPAKA RAMA TULASI v. UNION OF INDIA

WP/24978/2025 · 2025-09-17

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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--''VV APHC010473052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY.THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 24978 OF 2025 Between: Tatipaka Rama Tulasi, D/o. Venkata Swamy, Aged 46 years, Occ. Housewife, R/o. D.No. 9-188, Gopalapuram Village and Mandal, East Godavari District. ...Petitioner AND 1. Union of India, rep.by its secretary. Department of Financial Services Ministry of Finance Sanad Marg, New Delhi. 110001. 2. The Fin Care, (SFB) now AU Small Finance Bank, Rep. by its Authorized Officer, Reg.Off, 19-A, Dhuleshwar Garden, Ajmer Road, Jaipur - 302001, Rajasthan. 3. The Fin Care, (SFB) now AU Small Finance Bank, Rep. by its Manager, Jangareddygudem Branch, D.No. 15-2-92, Buttaigudem Road, Jangareddygudem, Eluru District. 4. Smt Puchakayala Lakshmi Priya, W/o. Vinay, Aged 26 years, Occ. Housewife, R/o. Peddagudem, Near Ambedkar Statue, Gopalapuram, East Godavari District. Government of India, Jeevan Deep Building Near Gandhi Statute, 5. Puchakayala Vinay. S/o. PeddaAbbulu, R/o. Peddagudem. Near Ambedkar Godavari District. 6. Smt Gangi Priyadarsini, W/o. aged 27 years, Occ. Painter, Statue, Gopalapuram, East Bala Krishna, Aged 24 years, Occ. Housewife, R/o. Taneti Jyothi House, Nearby SC Hostel, Pedagudem, Gopalapuram, East Godavari District. 7. Gangi Bala Krishna, S/o. Rama Krishna, aged 36 years, Occ. Employee, R/o. Taneti Jyothi House, Nearby SC Hostel Pedagudem Gopalapuram, East Godavari District. 8. Kum Yelle Puma Sri, D/o. Manohar, Taneti Jyothi House Nearby SC Hostei, Pedagudem, Gopalapuram East Godavari District. aged 22 years, Occ.Student, R/o. ...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 Respondents, particularly Respondent No's 2,3 and their subordinates in insisting he Petitioner to vacate from her house property bearing its Door. No. 9-188 to an extent of 261.27 Sq. yards situated in Gopalapuram Village and Mandal of East Godavari District and also 'Possession Notice' i - in AHL/13- 12/Sep-24/625, provisions of Securitisation and of Security Interest Act, same property in OS. No.263 of 2024 , Kovvur, as illegal, irregular, and offends Articles 14 21 dated 22.08.2025 issued by them under the Reconstruction of Financial Assets and Enforcement 2002, pending Civil Suit with regard to on the file of Hon'ble Junior Civil Judge Court irrational and against principles of natural justice and 300-A of Constitution of India and consequently direct the Respondent Nos 2, 3 and their subordinates possession of Petitioner in her said property pending said not to interfere in any manner with suit. 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 ‘Possession Notice’ in AHL/13-12/Sep-24/625, dated 22.08.2025 issued by the Respondent Nos. 2 and 3 and consequently direct them not to interfere with possession of petitioner from her house property bearing its Door. No. 9-188 to an extent of 261.27 Sq. yards situated in Gopalapuram Village and Mandal of East Godavari District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI PALA KARTHI KIRAN Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INIDA The Court made the following order: APHC010473052025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-i5 AT AMARAVATI [3446] WRIT PETITION NO: 24978 of 2025 Smt. Tatipaka Rama Tulasi ...Petitioner Vs. Union of India and others ...Respondents ********** Advocate for Petitioner Sri Pala Karthi Kiran Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 18th September 2025 PC : In view of the fact that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 (for short, “the SARFAESI Act”) provides an effective alternate remedy by way of an application before the Debts Recovery Tribunal, which can very well be availed by the petitioner, we do not find any reason to interfere at this stage by invoking our extraordinary jurisdiction considering the ratio of the judgments rendered by the Apex Court in Radha Krishan Industries v. State of H.P., and United Bank of India vs. Satyawati Tondon^. 1 ' (2021) 6 see 771 " [(2010)8 see 110 ; 2010 INSe 428] 2 The Writ Petition is, accordingly, dismissed. No order as to costs. 2. Pending miscellaneous applications, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// 1 Q7 SECTION OFFICER To, 1. One CC to Sri. Pala Karthi Kiran Advocate [OPUC] One CC to Additional Solicitor General of India [OPUC Two CD Copies 2. 3. GSC >> HIGH COURT DATED:18/09/2025 ORDER WP NO. 24978 OF 2025 DISMISSING THE WP WITHOUT COSTS