APHC010490922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI JUSTICE DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 25196 OF 2025 Between: Smt. Uppalapati Padmavathi, W/o. Venkata Ramaro Aged 56 Years Occ: House Wife, R/o. D.No 3-37 R/o. Kommugudem Village Tadepalligudem MandaL West Godavari District-534101. ...Petitioner AND 1. Union of India, Rep.by its secretary. Department of Financial Services Ministry of Finance, Government of India, Jeevan Deep Building Sanad Marg New Delhi. 110001. 2. The Debt Recovery Tribunal, Rep. By its Registrar, Chitralaya Road Near Leelamahal Road Daba Gardens Jagadamba Junction, Visakhapatnam - 530 020. 3. M/s Shram City Union Finance Ltd, Rep by its Authorized Officer, D No. 22B-13-B 2nd Floor, Venkata Rama Power Press Road, 0pp. Central Bank of India, Powerpet, Eluru, Eluru District-534101. Kum NSL Sowmya, appointed as Advocate Commissionerin CrI.M.P. No. 451 of 2025 on the file of Hon’ble Chief Judicial Magistrate-cum- Principal Civil- Judge (Senior Division), Eluru, West Godavari District. 4. Menni Ramarao, S/o. Late Rama Chandram, Aged 54 years, Occ Cultivation, R/o. D.No. 2-88, Neeladripuram, Tadepalligudam Mandal, West Godavari District, Andhra Pradesh-534101. 5. Dasari Rambabu, S/o. Achi Raju, Aged 47 years, Occ Cultivation, Residing at Badampudi, Unguturu mandal. West Godavari District, and Tadepalligudam Mandal, West Godavari District Andhra Pradesh- 534101. 6. 7. The Station House Officer, Tadepalligudem, Tadepalligudam Mandal West Godavari District. ...Respondents Petition under Article 226 of the Constitution of India is filed 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 2nd Respondent in not deciding Petitioners Stay Application in lA. No.3279 Of 2025 in S.A. No. 489 Of 2025 and the action of 3''^ Respondent in making attempts to take over the possession of Petitioners property admeasuring Ac. 1.00 Cents out of Ac. 2.12 Cents covered by R.S.No. 478/2-C of Kommugudem Village, Tadepalligudem Mandal, West Godavri District., as per the orders of Honble Chief Judicial Magistrate Court -cum- Principal Civil CrI.M.P.No. 451 of 2025 through the 4th Respondent, as illegal, irregular, irrational and against principles of natural justice, violative of provision of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules framed thereunder and offends Articles and 21 of Constitution of India and consequently direct the 2nd Respondent to decide said stay application filed by the Petitioner in said S.A. Judge, Eluru in 14 No. 489 of 2025 restraining the Respondent No. 3 and 4 from executing any warrant or otherwise disturbing Petitioners physical possession over her said land. lA NO: 1 OF 2025 is filed 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 Particularly Respondent No. 3 and 4 not to dispossess the Petitioner from her possession over the property described in schedule, in SA NO. 489 of 2025 on the file of the 2 Respondent pending disposal of stay application in lA No. 3279 of 2025 in SA No. 489 of 2025 pending disposal of the main Writ Petition. Petition under Section 151 CPC nd Counsel for the Petitioner: SRI PALA KARTHI KIRAN Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA The Court made the following order: Bench Sr.No:-20 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010490922025 ■I WRIT PETITION NO: 25196 of 2025 ...Petitioner Smt. Uppalapati Padmavathi Vs. ...Respondents Union of India and others ********** Sri Pala Karthi Kiran Advocate for Petitioner Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDANRAO DATE : 18th September 2025 PC : From the record, it appears that Securitisation Application bearing S.A.No.489 of 2025 is pending before the Debts Recovery Tribunal, Visakhapatnam (D.R.T.) since 22.08.2025 in which it is stated notice has been issued. The interlocutory application vide l.A.No.3279 of 2025 is also pending 04.09.2025 with the D.R.T. on which no interim orders have been since passed. Learned counsel for the petitioner states that appropriate directions be issued for early disposal of the I.A. and in the meantime, seeks protection with a view to prevent the S.A. from rendering academic. 2. 2 f / We dispose of this petition with a direction to the Debts Recovery Tribunal, Visakhapatnam to pass appropriate orders in accordance with law 3. on I.A.No.3279 of 2025 in S.A.No.489 of 2025 and till such time the appropriate orders are passed, status quo shall be maintained with regard to the possession of the petitioner over the property in question. It is made clear that in case there is any attempt of the petitioner to delay the proceedings before the D.R.T. insofar as the disposal of the case is concerned, it shall be open to the D.R.T. to pass appropriate orders. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd /- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// // SECTION OFFICER To, 1. The Secretary, Department of Financial Services, Union of India, Ministry of Finance, Government of India, Jeevan Deep Building, Sanad Marg New Delhi. 110001. The Registrar, Debt Recovery Tribunal, Chitralaya Road Near Leelamahal Road Daba Gardens Jagadamba Junction, Visakhapatnam - 530 020. The Authorised Officer, M/s Shram City Union Finance Ltd, D No. 22B- 13-B 2nd Floor, Venkata Rama Power Press Road, 0pp. Central Bank of India, Powerpet, Eluru, Eluru District-534101. The Station House Officer, Tadepalligudem, Tadepalligudam Mandal, West Godavari District. One CC to Sri. Pala Karthi Kiran Advocate [OPUC] One CC to Additional Solicitor General of India [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Two CD Copies GSC 2. 3. 4. 5. 6. 7. 8. fc.j i 1 HIGH COURT DATED:18/09/2025 ORDER WP NO. 25196 OF 2025 *r 2 “i SEP 2025 )g! DISPOSING THE WP WITHOUT COSTS Of