IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ ^ (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27214 OF 2024 Between: Kanikipati Tata Rao, S/o. Venkanna, Aged about 58 Years, Occ: Govt. Employee, R/o. Door No. 17-19/1-2/1, EC Peters Street, Near TPM Church, Pezzonipeta, Vijayawada, NTR District, Erstwhile Krishna District. ...PETITIONER AND The State Bank of India, VMC Branch, Nehru Complex, VMC Compound, Vijayawada, NTR District, Erstwhile Krishna District Rep. by its Bank Manager. ...RESPONDENT 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 or direction or order, more particularly one in the nature of Writ of Mandamus questioning the action of the respondent in withholding the petitioner salary account bearing No.00000010442 773075 and transferring the same to the loan account of Michel Bhuthapati Rao who is nothing to do with the petitioner and without issuing any notice or without following procedure under The Securitization and Reconstruction f Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondent to return the amount of Rs.4,26,000/- to the petitioner / which was transferred by the respondent bank without there being any concern by the petitioner. lA tfo: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent not to transfer any amount from the petitioner salary account by un-holding the petitioner salary account bearing No.00000010442773075, pending disposal of the writ petition. Counsel for the Petitioner: SRI M. K. RAJ KUMAR Counsel for the Respondent: SRI CH. MARKONDAIAH The Court made the following: ORDER w APHC010526832024 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-28 [3483] AT AMARAVATI WRIT PETITION NO: 27214 of 2024 Kanikipati Tata Rao ...Petitioner Vs. The State Bank of India ...Respondent ********** Advocate for petitioner Advocate for respondent Sri M. K. Raj Kumar Sri Ch. Markondaiah CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 28th February 2025 PC ; The issues that have been highlighted in the present petition are also issues pending before a civil Court i.e., Court of the learned II Additional Civil Judge (Junior Division) at Vijayawada. 2. Learned counsel for the respondent Bank states that even when an attempt has been made by the petitioner to project as if action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “SARFAESI ACT”) has been initiated against the petitioner, no action at all invoking the provisions of the said Act has been initiated. 3. Be that as it may, considering the statement of the learned counsel for the respondent Bank that no action at all has been initiated under the 2 r provisions of the SARFAESI ACT and as already stated, a civil suit is pending before the learned II Additional Civil Judge (Junior Division) at Vijayawada filed by the respondent Bank, we do not find any merit in the present petition, which is, accordingly, dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR r; \, //TRUE COPY// SECTION OFFICER To 1. One CC to Sri M. K. Raj Kumar, Advocate [OPUC] 2. One CC to Sri Ch. Markondaiah, Advocate [OPUC] 3. The II Additional Civil Judge (Junior Division) at Vijayawada. 4. Three C.D. Copies. Cnr 0 HIGH COURT DATED:28/02/2025 ORDER WP.No.27214 of 2024 15 MAR 2025 | ,/a: Current Section . DISMISSING THE W.P. WITHOUT COSTS