APHC010481532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0?? FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24458 OF 2025 Between: Pasupuleti Sunitha, W/o. Pasupuleti Suresh Babu, Sy.No.274A/4, 274/A1, 274/A2 R/o. D.No.29-15-192, Plot No.9, Near D.No11-1-117, Chirichapalapalem area, Kovur Village, Kovur Grama Panchayat and Mandal, SPSR Nellore District - 524137. ...PETITIONER AND 1. The Reserve Bank of India, Central Office Building, Floor, Shahid Bhagat Singh Road, Mumbai, Maharastra - 400001, Rep. by its Authorised Representative. 2. The Can Fin Homes Ltd, (Sponsored by Canara Bank) Rep. by its Managing Director, O/o. D.No.29/1, Sir M N Krishna Rao Road, Lalbagh West, Basavanagudi, Bengaluru-560004, Karnataka State. 3. The Can Fin Homes Ltd, (Sponsored by Canara Bank), Nellore Branch, Rep. by its Authorized Officer, O/o. Plot No. 14, First Floor, Sree Krishna Building, Above Josh Bakery, Adithya Nagar, Children's Park Road Nellore, SPSR Nellore District - 524002. r 4. The Branch Manager, Can Fin Homes Ltd., Nellore Branch, O/o. Plot No.14, First Floor, Sree Krishna Building, Above Josh Bakery, Adithya Nagar, Children's Park Road, Nellore, SPSR Nellore District - 524002. ...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 a writ of Mandamus declaring the action of the respondents in proceeding with the auction scheduled to be held on 25.09.2025 in respect of the petitioner's house property bearing Plot No.9, D.No.29-15-192, situated in Survey Nos.274/A/4(old), 274/A1 and 274/A2, in an extent of 204 sq. yards, along with the RCC roofed house constructed thereon with the extent of 684 sq. feet, situated near Door No. 11-1-117, at Chirichapalapalam area, Kovur Village and Gram Panchayat, Kovur Mandal, SPSR Nellore District, without accepting the arrears of instalments (pending instalments) amount of Rs.3,00,000/- offered by the petitioner for regularization of the loan accounts bearing numbers 196232000125, 196235000139 and 196243000045, without providing reasonable opportunity, and further action of the respondents in appointing Advocate Commissioner to take over the property, in spite of repeated requests and representation dated 07.09.2025, as illegal, arbitrary, violation of principles of natural justice and unconstitutional, contrary to the procedure prescribed under the SARFAESI Act, violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to follow the mandatory procedure prescribed under SARFAESI Act and Rules before taking any enforcement action, further set aside the auction proceedings issued by the 3rd respondent scheduled to be held on 25.09.2025 in respect of the aforesaid property and direct the respondents to regularize the aforesaid loan accounts by accepting the arrears of instalments. 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 respondents to forthwith stop and suspend the auction proceedings issued by 3rd respondent, scheduled to be held on 25.09.2025 in respect of the petitioner’s house property bearing Plot No.9, D.No.29-15-192, situated in Survey Nos.274/A/4(old), 274/A1 and 274/A2, in an extent of 204 sq.yards, along with the RCC roofed house constructed thereon with the extent of 684 sq. feet, situated near Door No.11-1-117, at Chirichapalapalam area, Kovur Village and Gram Panchayat, Kovur Mandal, SPSR Nellore District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI T. VENU GOPAL Counsel for the Respondent Nos.1 to 4:— The Court made the following order: p APHC010481532025 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-6 [3483] AT AMARAVATI 0?? WRIT PETITION NO: 24458 of 2025 Pasupuleti Sunitha ...Petitioner Vs. The Reserve Bank of India and others ...Respondents ********** Advocate for Petitioner Advocate for Respondents Sri T. Venu Gopal CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 12th September 2025 DATE PC: In view of the fact that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 (for short, SARFAESI Act”) provides an effective alternate remedy by way of application before the Debts Recovery Tribunal, which availed by the petitioner, we do not find ‘the an can very well be 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 2. The Writ Petition is, accordingly, dismissed. No order as to costs. V2021)6SCC 771 [(2010)8 see 110 : 2010 INSe 428] 2 ■3 Pending miscellaneous applications, if any, shall stand closed. \ Sd/-SHAIK MOHD RAFI ASSISTANT REGISTRAR [■ / //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri T. Venu Gopal, Advocate [OPUC] 2. Two CD Copies. ssb . •» ■ ^ HIGH COURT DATED:12/09/2025 ORDER WP No. 24458 OF 2025 of ANOSS ^ IS SEP 2025 ^ . Current section m «9/; DISMISSING THE W.P. WITHOUT COSTS