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2025 DAILYLAW 33600 (AP)

NASIREDDY THONTLA v. The Debts Recovery Tribunal,

WP/25980/2025 · 2025-09-22

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010505612025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER 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: 25980 OF 2025 Between: Nasireddy Thontia, Major, R/o D. No.2-285/2l, Opp Sub-Registrar Yerragondapalem (V) and (M), Prakasam District-523326. ...Petitioner AND 1. The Debts Recovery Tribunal, Rep., by its Chairman, Visakhapatnam. 2. Cholamandalam Investment and Finance Company Ltd, Off: Chola Crest, C-54 and 55, Super B-4, Thriu ViKa Industrial Estate, Guindy, Chennai -600032. ...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 mostly one which is in the nature of Writ of Mandamus declaring the action of the 1st respondent Tribunal (DRT) in adjourning the S.A.No.526/2025 on the file of Debt Recovery Tribunal at Visakhapatnam, by Order dated 15.09.2025 to considering the interlocutory Application in 24.09.2025 without I.A.No.3507/2025 in S.A.No.526/2025 as illegal, arbitrary and violative of principles of natural justice and Articles 14, 19, 21 and Constitution of India and consequently direct the 1 St Respondent Tribunal to expediate the proceedings and dispose of S.A.No.526/2025 on the file of Debt Recovery Tribunal, at Visakhapatnam by following due process of law. lA NO: 1 OF 2025 300-A of the / / / the I.A.No.3507/2025 in 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 2nd respondent not to interfere with the petitioner property i.e., the schedule properties consist of an extent of 166.44 S.yds, Survey No. 42/3, D.No.11-263, vacant site along with RCC building, property situated at Yerragondapalem gram panchayat & Mandal, Yerragondapalem Sub- Registrar office, Prakasam District pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI P RAVIKANTH REPRESENTING M/S K ARUNA Counsel for the Respondents: - The Court made the following order: ,1 APHC010505612025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-ii [3483] AT AMARAVATI WRIT PETITION NO: 25980 of 2025 Nasireddy Thontia ...Petitioner Vs. The Debts Recovery Tribunal and another ...Respondents ********** Advocate for Petitioner Mr. P. Ravikanth representing Ms. K Aruna Advocate for Respondents CORAM .THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 23'^'' September, 2025 DATE PC : S.A.No.526 of 2025 is stated to be pending before the Debts Recovery Tribunal, Visakhapatnam, along with IA.No.3507 of 2025 in which only notice was issued by the D.R.T without giving any interim protection to the petitioner. The Writ Petition is disposed of with a direction to the D.R.T to pass appropriate orders in IA.No.3507 of 2025 in SA.No.526 of 2025 preferably within a period of eight weeks, maintained with regard to the possession of the petitioner. In the meantime, status quo shall be \' \ 2 HCJ&RCJ WP 25980 2025 We, however, make it clear that in case the D.R.T finds that the petitioner is in any manner trying to delay the consideration of the lA or for that matter disposal of the S.A, it would be open to the Tribunal to pass appropriate orders in that regard. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR ' SECTION OFFICER //TRUE COPY// To, 1. The Chairman, Debts Recovery Tribunal, Visakhapatnam. 2. Cholamandalam Investment and Finance Company Ltd, Off; Chola Crest, C-54 and 55, Super B-4, Thriu ViKa Industrial Estate, Guindy, Chennai -600032. 3. One CC to M/s K Aruna Advocate [OPUC] 4. Two CD Copies GSC HIGH COURT DATED:23/09/2025 \ ORDER WP NO. 25980 OF 2025 DISPOSING THE WP WITHOUT COSTS