APHC010482432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 24765 of 2025 Bench Sr.No:-27 [3483] Guruvelli Pavan Kumar ...Petitioner Vs. The Visakhapatnam Co-operative Bank Limited, represented by its Authorized Officer, Gopalapatnam Branch, Visakhapatnam. ...Respondent ********** Advocate for Petitioner : Sri C. Subodh Advocate for Respondent : -- CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 16th September 2025 P C : The case of the petitioner is that the asset which was mortgaged by the principal borrower with the respondent Bank was an open plot which came to be subsequently developed and over which flats were constructed. One of the flats came to be sold to the petitioner which has now become the subject matter of action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) inasmuch as the principal borrower had defaulted in making the payment to the bank. 2. Although learned counsel for the petitioner had earlier urged that the bank would have no lien over the flat in question inasmuch as the asset which 2 was secured was an open plot, however, later on, the learned counsel would submit that he be permitted to withdraw only his movable items which were lying in the flat which had since been seized by the Advocate Commissioner. 3. While we leave it open to the petitioner to avail the alternate remedy before the appropriate forum in terms of Section 17 of the SARFAESI Act, we direct that the Advocate Commissioner and the Authorized Officer of the Bank will permit the petitioner to draw up an inventory of the movable items, which are lying in the premises which was earlier occupied by the petitioner, and the same be handed over to the petitioner against proper receipt. 4. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ RAVI CHEEMALAPATI, J AMD 3 145 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24765 of 2025 Dt:16.09.2025 AMD