APHC010500782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25931 OF 2024 Between: 1. Attikundela Venkata Radha Krishna, S/o Vasudevan, Aged about 44 Ramakrishna Nagar, Chaitanya Street, Hukumpeta, Rajamahendravaram Rural East Godavari District. 2. Aditya Thaksh International School (Aditya Academy), Rep. by Joint R/o D.No.3-934, years Secretary, Tadi Srinivasa Reddy, S/o Satyanarayana Reddy, Aged about 45 years. D.No.3-16-1/6, Godarigunta, Rajyalakshmi Nagar, Kakinada, Kakinada District. ...Petitioners AND 1. The Reserve Bank of India, Rep. by its Governor, D.No.6-1-56, AG Office Road, Saifabad, Khairtabad, Hyderabad, Telangana-500004. 2. Shram Finance Limited, Rep. by its Authorized Officer, Registered Office at Sri Towers, Flat No.14A, South phase. Guindy, Chennai- 600032. 3. Shram Finance Limited, Rep. by its Authorized Officer, D.Ram Mohan, S/o Lakshminarayana, D.No.6125/1, 2nd Floor Orugantivari Street, Innespeta, Opp Kotipalli Bus stand, Rajamahendravaram. Industrial Estate, t 4. K V D Kishore Kumar, Advocate Commissioner (Appointed by the Chief Judicial Magistrate Court, Rajamahendravaram CrI. M.P.No.444 of 2024), Rajamahendravaram. 5. The Station House Officer, Bommuru Rajamahendravaram Rural, East Godavari District. Police Station, 6. Boppana Lakshmi Sujatha, W/o Pedda Raju, Aged about 48 years. Coco and Coconut Business, R/o D No 13-102/1, Venkatagiri, Near Saraswathi School, Pidimgoyyi, Rajahmundry Rural 533107, Hukumpeta, East Godavari District. 7. Boppana Pedda Raju, S/o Hanumantha Rao, Aged about 56 years. Agriculture, R/o D No 13-102/1, Venkatagiri, Near Saraswathi School, Pidimgoyyi, Hukumpeta, Rajahmundry Rural 533107, East Godavari District. 8. Boppana Harsha Vardhan, S/o Pedda Raju, Aged about 23 years, R/o Near Saraswathi, School, Pidimgoyyi, D No 13-102/1, Venkatagiri Hukumpeta, Rajahmundry Rural 533107, East Godavari District. 9. Duddupudi Sudhakar Chowdary, S/o Ramakrishna, Aged about 52 D No 2-39 Main Road, Hukumpeta, RajahmundryRural 533107, East Godavari District. years, Agri Business, ...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 the Respondents 2 and 3 in attempting to take physical possession of the property for an extent of Ac.2- 44 72 cents, situated on Northern side of Ac.3-90 cents equivalent to 11814.4 Sq.yards consisting RCC building with 18728 Sq.feet of vacant land, situated in D.No.1-1167, R.S.N0.74 of Morampudi Village, Rajamahendravaram Rural Mandal, East Godavari District within the limits of SRO, Kadiyam from the legal possession of 2nd Petitioner without any prior notice, intimation abruptly by disturbing the schoot being run under the name and style of Aditya Thaksh International School with the capacity of 150 students, is illegal, arbitrary, violation of fundamental rights guaranteed under Article 14, 19, 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the 2nd Petitioners peaceful possession and enjoyment of the property for an extent of Ac.2-44 72 cents, situated on Northern side of Ac.3-90 cents equivalent to 11814.4 Sq.yards consisting RCC building with 18728 Sq.feetof vacant land, situated in D.No.1-1167, R.S.No.74 of Morampudi Village, Rajamahendravaram Rural Mandal, East Godavari District within the limits of SRO, Kadiyam till completion of his lease period up to 30-06-2025. lA NO: 1 OF 2024 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 not to interfere with the 2nd Petitioner’s peaceful possession and enjoyment of the property for an extent of Ac.2-44 72 cents. situated on Northern side of Ac.3-90 cents equivalent to 11814.4 Sq.yards consisting RCC building with 18728 Sq.feet of vacant land, situated in D.No.1-1167, R.S.No.74 of Morampudi Village, Rajamahendravaram Rural Mandal, East Godavari District within the limits of SRO, Kadiyam till completion of his lease period up to 30-06-2025. lA NO: 1 OF 2025 1. Sriram Finance Limited, Rep. by its Authorized Officer, Registered Office at Sri Towers, Flat No.14A, South phase. Guindy, Chennai- 600032. Industrial Estate, 2. Sriram Finance Limited, Rep. by its Authorized Officer, D.Ram Mohan, S/o Lakshminarayana D.No.6125/1, 2nd Floor Orugantivari Street Innespeta, Opp Kotipalli Bus stand, Rajamahendravaram. ...Petitioners/ Respondents 2 and 3 AND 1. Attikundela Venkata Radha Krishna, S/o Vasudevan, Aged about 44 Ramakrishna Nagar, Chaitanya Street, Hukumpeta, Rajamahendravaram Rural East Godavari District. 2. Aditya Thaksh International School (Aditya Academy), Rep. by Joint Secretary, Tadi Srinivasa Reddy, S/o Satyanarayana Reddy, Aged about 45 years, D.No.3-16-1/6, Godarigunta, Rajyalakshmi Nagar, Kakinada, Kakinada District. years, R/o D.No.3-934, ...Respondents/Writ Petitioners 3. The Reserve Bank of India, Rep. by its Governor, D.No.6-1-56, AG Office Road, Saifabad, Khairtabad, Hyderabad, Telangana-500004. 4. K V D Kishore Kumar, Advocate Commissioner (Appointed by the Chief Judicial Magistrate Court, Rajamahendravaram CrI. M.P.No.444 of 2024), Rajamahendravaram. 5. The Station House Officer, Bommuru Police Station, Rajamahendravaram Rural, East Godavari District. 6. Boppana Lakshmi Sujatha, W/o Pedda Raju, Aged about 48 years. Coco and Coconut Business, R/o D No 13-102/1, Venkatagiri, Near Saraswathi School, Pidimgoyyi, Rajahmundry Rural 533107, Hukumpeta, East Godavari District. 7. Boppana Pedda Raju, S/o Hanumantha Rao, Aged about 56 years. Agriculture, R/o D No 13-102/1, Venkatagiri, Near Saraswathi School, Pidimgoyyi, Hukumpeta, Rajahmundry Rural 533107, East Godavari District. 8. Boppana Harsha Vardhan, S/o Pedda Raju, Aged about 23 years, R/o D No 13-102/1, Venkatagiri, Hukumpeta, Rajahmundry Rural 533107, East Godavari District. 9. Duddupudi Sudhakar Chowdary, S/o Ramakrishna, Aged about 52 years, Agri Business Near Saraswathi, School, Pidimgoyyi, D No 2-39 Main Road, Hukumpeta, RajahmundryRural 533107, East Godavari District. ...Respondents/Respondents 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 vacate the interim Order dated 29.11.2024 passed in W.P.No. 25931 of 2024 and Dismiss the Writ Petition with exemplary costs. Counsel for the Petitioners: SRI BABU RAO PANDIRI Counsel for the Respondent Nos. 2 and 3 : SRI O UDAYA KUMAR Counsel for the Respondent No. 5: GP FOR HOME Counsel for the Respondent Nos. 6 to 8: SRI UDAY SINGH GAUTAM Counsel for the Respondent No. 9: SRI RAVI TEJA JANGA The Court made the following order: APHC010500782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 29 [3483] WRIT PETITION NO: 25931 of 2024 Attikundela Venkata Radha Krishna and another ...Petitioners Vs. The Reserve Bank of India and others ...Respondents ********** Advocate for petitioners Advocate for respondents Sri Babu Rao Pandiri Sri O. Udaya Kumar, Sri Ravi Teja Janga. CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 28th July 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 appeal before the Debts Recovery Tribunal, which can very well be availed by the petitioners, 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^. ^ (2021) 6 see 771 ^ [(2010)8 see 110 : 2010 INSe 428] / 2 The Writ Petition is, accordingly, dismissed. However, status quo order granted on 29.11.2024 shall remain in force for a period of two (2) weeks. No 2. r order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- M. SRINIVAS assistant registrar //TRUE COPY// SECTION OFFICER To, Sri. Babu Rao Pandiri Advocate [OPUC] 1. OneCCto 2. One CC to Sri. Uday Singh Gautam Advocate [OPUC] 3. One CC to Sri. O Udaya Kumar Advocate [OPUC] 4. One CC to Sri. Ravi Teja Janga Advocate [OPUC] GP for Home High Court of Andhra Pradesh [OUT] 5. TwoCCsto 6. Two CD Copies GSC T wmm t- HIGH COURT DATED:28/07/2025 OF AN^ ORDER WP NO. 25931 OF 2024 (5 0 5 ?0?5 O 1 ^ rn i * Current tseciion DISMISSING THE WP WITHOUT COSTS