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»r APHC010017232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) .'I TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1553 OF 2025 Between:
1. Kavali Raghuteja, S/o. Kavali Vijaya Kumar, Aged 35 yrs, R/o. D.no. 4, Veerannagattupalle village, Idupulapaya G.P., Vempalli Mandal, YSR Kadapa District. 2. Kavali Viswateja, S/o. Kavali Vijaya Kumar, Aged 32 yrs, R/o. D.no. 3- 83, Veerannagattupalle village, Idupulapaya G.P., Vempalli Mandal, YSR Kadapa District
3. Varikuti Lakshmi Devi, W/o. Lakshmi Vilas reddy. Aged 66 yrs, R/o. 2/725-4-2, bakarapeta street, Prodduturu town Prodduturu Mandal, YSR Kadapa district. 4. Badveli Chaithanya, W/o. Badveli Veera Naveen Kumar Reddy, aged R/o. D. no. 24/615, Near Municipal Office, Vasaniha peta, Prodduturu town, Prodduturu Mandal, YSR Kadapa. 5. Satrasala Haritha, D/o. V. Pullayya Chetti, Aged 52 yrs R/o. D. No. 42- 28A, Srinivasa Residency, Jayanagar Colony, Near Apsara, Kadapa City, YSR Kadapa District
6. M. V. Narasimha Raju, S/o. Chinna Narasimhulu M, Aged 53 yrs, R/o. Plot no. 401, Paras Nivas Apartment, Nagar, Bangalore South Karnataka State. 37 yrs. Jayanna layout, Rajeswari
7. Pasurla Jaganmohan Reddy, S/o. Pasarla Chandrasekhar reddy, Aged 34 yrs, R/o. D.no. 3-45, Mukkamalla Village, Sanjamala Madal, Kurnool District. ...PETITIONERS AND
1. The State Bank of India, Specialised S.M.E Branch, T.T.D Road Nandyala, Kurnool District-518501 Specialised SSME branch, Nandyala, Kurnool district-518501
2. The Authorized Officer, State Bank of India, Stressed Assets Recovery Specialised SSME branch, Nandyala, Kurnool District
3. The Honourable Chief Judicial Magistrate Cum Principal Assistant Sessions Judge, Kadapa Rep. by its Branch Manager ...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 or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the Impugned Order in CrI.M.P. No.607/2024, dt. 11.12.2024 passed by Respondent no. 3 and consequential Impugned Notice, dt.20.12.2024 for taking possession of SS Mall and Multiplex at Korrapadu Road, Proddatur, located in Sy.
No. 625 and 626/1, D.No.7/834, 7/830, 7/831, Korrapadu Road, Opp Vivekananda Cloth Market, Proddatur, Kadapa Dist, Andhra Pradesh-516360 (subject property) as illegal, arbitrary, unjust and in contravention of the provisions of the SARFAESI Act, 2002 and Security Interest (Enforcement) Rules 2002 thereunder and in gross violation of Principles of Natural Justice apart from being violative of Art 14, 21 and 300A of the Constitution of India and impugned order in CrI.M.P. No. 607/2024, dt. 11.12.2024 Respondent no. 3 and the consequential Impugned Notice, dt. 20.12.2024 consequently to quash the on the file of
< and to direct the Respondents against interfering with the possession and enjoyment of the subject property by the Petitioners herein. lA NO:
1 OF 2025 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 stay ail the further proceedings with respect to Crl.M.P. No. 607/2024 on the file of Respondent No.3 including Advocate Commissioners Notice dt. 20.12.2024. lA NO: 2 OF 2025 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 to not to interfering with possession and enjoyment or taking any possession of the subject property of the Petitioner. Counsel for the Petitioners: SRI KAIKALA RAMA KIREETI Counsel for the Respondent Nos.1 & 2: SRI S. SATYANARAYANA MOORTHY The Court made the following order:
APHC010017232025 Bench Sr.No:-45 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 1553 of 2025 Kavali Raghuteja and Others ...Petitioner(s) Vs. The State Bank Of India and Others ...Respondent(s) ********** Advocate for Petitioners: Mr. Kaikala Rama Kireeti Advocate for Respondents: Mr. S Satyanarayana Moorthy
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 24*^^ June 2025 PC :
Learned counsel for the respondent - Bank fairly states that since the apartments were sold to the petitioners pursuant to the No Objection Certificates issued by the Bank to the principal borrower to sell the properties in favour of the petitioners, the possession notices served upon the petitioners would not be acted upon and no SARFAESI proceedings would be initiated against the petitioners.
2 HCJ 6 RC, J W.P. No: 1553 of 2025 In that view of the statement, no further directions are required to be issued. The Writ Petition is, accordingly, disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed.
Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// rSEC■^N OFFICER To, The Branch Manager, State Bank of India, Specialised S.M.E Branch, Nandyala, Kurnool District-518501, Specialised SSME branch, Nandyala, Kurnool district-518501 The Authorized Officer, State Bank of India, Stressed Assets Recovery Specialised SSME branch, Nandyala, Kurnool District The Chief Judicial Magistrate Cum Principal Assistant Sessions Judge, Kadapa One CC to Sri Karkala Rama Kireeti, Advocate [OPUC] One CC to Sri S. Satyanarayana Moorthy, Advocate [OPUC; Three CD Copies.
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N HIGH COURT DATED:24/06/2025
ORDER WP No. 1553 OF 2025 ^ 1 t JUL 2025 nrentSectigivXw Co DISPSOING OF THE W.P. WITHOUT COSTS