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2025 DAILYLAW 32425 (AP)

Sri Chintala Sai Srikanth, v. The Union of India,

WP/24420/2025 · 2025-09-10

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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APHC010478222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ H A. A ■■ ■ i o THURSDAY, THE ELEVENTH DAY OF SEPTEMBERlO TWO THOUSAND AND TWENTY FIVE y PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 24420 OF 2025 Between: Sri Chintala Sai Srikanth,, S/o. Chintala Srinivas, aged 26 years, Occupation- Business, R/o. 1-3-150, Kalasiguda, Near Muthyalamma Temple, Secunderabad, Hyderabad, Telangana - 500 003. ...Petitioner AND 1. The Union of India, Rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No. 74-B New Delhi-110001 (India). 2. The Reserve Bank of India, Rep by its Executive Director, 2nd floor. Central Office Building, Bharat Singh Marg, Mumbai. 3. The State of A P, Rep by its Principal Secretary, Department of Revenue (Stamps and Registration) Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh. 4. Director and Inspector General of Registration and Stamps, D. No. 5/59, R.K. Spring Valley Apartments, Krishna District, Andhra Pradesh - 521 151. 5. Commissioner and Inspector General of Registration and Stamps Vijayawada. Edupugallu, Mandal, Kankipadu, 4 6. District Registrar of Assurances Stamps and Registration, West Godavari District 7. The Sub Registrar of Assurances,, Eluru, West Godavari District. 8. SMFG India Credit Co Ltd Head Office, Commerzone IT Park, Tower B, 1st Floor, No. Ill, Mount Poonamalle Road, Porur, Chennai - 600116. 9. SMFG India Credit Co Ltd, Corporate Office, Rep. by its Authorized Officer, Mr. Maddali Anantha Siva Nagendra, 10th Floor, Office No. 101,102 and 103, 2 North Avenue, Complex, Bandra (E), Mumbai - 400051. SMFG India Credit Co Ltd, Head Office, Vijayawada Branch Vijayawada, NTR District. ^ ■ Maker Maxity, Bandra Kurla 10. ...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 give a writ order or direction more particularly one in the nature of Writ of Mandamus or any appropriate Writ, (i) to declare that the e-auction held by the Authorized Officer for sale of secured asset, without disclosing the subsisting court orders restraining the Sub-Registrar, Eluru from registration of sale certificate is illegal, arbitrary and violative of Rule 9 of the Security Interest (Enforcement) Rules, 2002 without taking possession of the property as per Section 13(4) or Section 14 of the SARFAESI Act, 2002. (ii). (ii). To set- aside the Sale Certificate dated 25.06.2025 for sale of secured asset and consequential proceedings iii. To direct Respondent Nos.8 to 10 to refund the amount together with interest @ 24percent per annum from the date of deposit till the date of refund. 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 Direct the Respondent No.(SMFG) not to conduct any Fresh Auction for the subject Property in an extent 161.6.6 square yards or 135.169 square mets. € ND in T.S. No. 1676, Door No. 20E-4-54, Asst No. 1075006932 (35262) 42 Division, situated in Gandhinagar, Sabella Vari Street, Kothapet, within the limits of S.R.O. Eluru of West Godavari District, and bounded as East by; Municipal Road - 40 feet. South by: House belongs to Polada Damayanthi - 36 feet. West by: House site belongs to Challa Veera Venkaiah - 42 feet. North Municipal Road - 35 feet, consequently to direct the Respondent No. (SMFG) to keep the money deposited by him under an interest accruing Fixed Deposit. Counsel for the Petitioner: SRI VENKAT CHALASANI Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos. 3 to 7: GP FOR REGISTRATION AND STAMPS The Court made the following order: 4 APHC010478222025 Bench Sr.No:-23 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^ " WRIT PETITION NO: 24420 of 2025 Sri Chintala Sai Srikanth ...Petitioner Vs. The Union of India and others ...Respondents ********** Advocate for Petitioner Ms. B. Tapaswi, learned counsel representing Sri Venkat Chalasani Advocate for Respondents Learned Government Pleader for Registration and Stamps CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 11th September 2025 PC : Ms. B. Tapaswi, learned counsel representing Sri Venkat Chalasani, learned counsel for the petitioner, seeks to withdraw this Writ Petition. Accordingly, the Writ Petition is dismissed as withdrawn.No order as to 2. costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. OneCCto Sri. Venkat Chalasani Advocate [OPUC] 2. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] 3. Two CD Copies GSC Sf> HIGH COURT DATED:11/09/2025 ORDER WP NO. 24420 OF 2025 DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS