IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE II PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION Nos: 28363 AND 18322 OF 2024 WRIT PETITION NO: 28363 OF 2024 Between: Kondapaneni Mallikarjuna, S/o.Subbaramaiah, aged 40 years, Occ; Chartered Accountant, R/o. D. No. 1-2, Gargupalli( village) Malemarpuram ( Post), Chitvel, YSR Kadapa District, Andhra Pradesh 516104. ...PETITIONER AND Union Bank of India, ( Formerly Andhra Bank) Asset Recovery Branch, D.No.26- 15-150, Andhra Bank Building, Changalaraopeta, Vishakapatnam 53001 Represented by its Authorised Representative. ...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 an appropriate Writ, order or direction, particularly in the nature of a Writ of Mandamus. - a. Declare the inaction of the Respondent No.1 in not delivery physical possession of Schedule Property and not registering sale certificate dated 30.05.2024 issued by it as being arbitrary, illegal and violative of Petitioners rights under Article 14, 19 and 21 of the - q Constitution of India, b. Direct the Respondent to register sale certificate dated 30.05.2024 issued by it pursuant to auction conducted on 15.05.2024, lA NO: 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 may be pleased to direct the Respondent to immediately deliver physical possession of the Schedule Property free from all encumbrances to the Petitioner SCHEDULE OF PROPERTY item No.l: Guntur District, Tadikonda Sub District, Tadikonda Mandal, Ponnekaliu Gram Panchayat Area, Ponnekaliu Village, D.No.lO covering in an extent of Ac.9-36 cents and out of it an extent of Ac 1.36 cents, D.No 11/1 covering in an extent of Ac.4.70 cents and out of it an extent of Ac. 1-76 cents, both demarcation numbers are contiguous plots covering in an extent of Ac.3.12 cents out of its north side an extent of Ac.2-09 cents and D.No.lO in an extent of Ac.2.09 cents + Ac.4-00 cents total Ac.6-09 cents out of its east side in an extent of Ac.0-40was excluded and the remaining extent is Ac.5-69 cents of dry land is being bound by; East Land Belongs to M/s Ravi Chandra Textiles Pvt Ltd and below mentioned Item No.02 Land Land Belongs to M/s Ravi Chandra Textiles Pvt Ltd Land Belongs to M/s Ravi Chandra Textiles Pvt Ltd Land Belongs to M/s Ravi Chandra Textiles Pvt Ltd Land Belongs to M/s Sri Ravi Chandra Text! Is Pvt Ltd Inam land of Sree Rajarajeswari Ammavari Within the above said boundaries in an extent of Ac.5-69 cents or 2- 598 hcs of dry land South Again East Again South West North - Item No:2 Guntur Distrct, Tadikonda Sub District, Tadikonda Mandal, Ponnekallu Gram Panchayat Area, Ponnekallu village, D.No.lO covering an extent of Ac.9-36 cents and out of it an extent of Acl-64 cents of dry land is being bounded by East Bounded by Circar Donka Land Belongs to M/s Sri Ravi Chandra Textiies Pvt Ltd and item No.03 land Bounded by land of 1st Item South West North Bounded by Inam land of Sree Rajarajeswari Within the above said boundaries in an extent of Ac. 1.64 cents or 0.656 hcs of dry land Item No:3 Guntur District, Tadikonda Sub District, Tadikonda Mandal, Ponnekallu Gram Panchayat Area, Ponnekallu village, D. No. Covering an extent of Ac.9.36 cents and out of it an extent of Ac 1.64 - ^ -r* cents after excluding Ac.0.60 Cents on southern side, the remaining extent Ac. 1-04 cents of dry land is being bound by ; Bounded by Circar Donka Land Belongs to M/s Sri Ravi Chandra Textiles Pvt East South Ltd West Land Belongs to M/s Sri Ravi Chandra Textils Pvt Ltd Bounded by Land of 2nd item North Within the above said boundaries an extent of Ac. 1-04 cents or 0-420 hcs of dry land (Doc No2364/2011 dated 25.07.2011 , SRO Tadikonda Guntur District and RC NO.11289/2015-A dated 31.12.2015 in D. No/Sy No.10,11/1, for an extent of Ac.8.37 cento) The above said three items covering total extent of Ac 8-37 cents or 3- 381hcts of dry land only pending disposal of the above writ petition and pass such other order or orders may deem fit and proper in the circumstances of the case. *3 Counsel for the Petitioner : SRI VIMAL VARMA VASI REDDY Counsel for the Respondent: Mrs. V. DYUMANI, SC FOR UNION BANK OF INDIA WRIT PETITION NO: 18322 OF 2024 Between: Kondapaneni Mallikarjuna, S/o. Subbaramaiah, aged 40 years, Occ Chartered Accountant, R/o D. No. 1-2, Gargupalli( village) Malemarpuram ( Post), Chitvel, YSR Kadapa District, Andhra Pradesh 516104 ...PETITIONER AND 1. Union Bank of India, (Formerly Andhra Bank) Asset Recovery Branch, D.No.26-15-150, Andhra Bank Building, Changalaraopeta Vishakapatnam 53001 Represented by its Authorised Representative. 2. Alapati Gopala Krishna, S/o. Late Nageshwara Rao, aged 49 years. Managing Director, M/s Ravichandra Textiles Pvt. Ltd., R/o. 2-1-64, Near Ramalayam, Stambalagaruvu, Pattabhipuram, Guntur Andhra Pradesh 522037. 3 Venkata Narasinha Rao Kalvokota, Interim Resolution Professional, M/s ' Sri Ravichandra Textiles Pvt Ltd, Flat No. 103, Balaji Vishwam Vihar Apartment, Madura Nagar, Ramanthapur, Hyderabad 500013. ...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, particularly in the nature of a Writ of Mandamus a) Set aside order dated 14.06.2024 in lA 1310/2024 in SA No.243 of 2024 passed by Hon’ble Debt Recovery Tribunal, Vishakapatnam as being arbitrary, illegal and violative of Petitioner's fundamental rights under Article 14,19,21 300A of the Constitution of India, b) 5 - Direct the Honble Debt Recovery Tribunal, Vishakapatnam to dispose off SA No.243 of 2024 expeditiously within a period of eight weeks c) Direct the Respondent No.1 Bank to register the property purchased by the Petitioner via auction process conducted on 14.05.2024. lA NO: 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 suspend the operation of order dated. 14.06.2024 in lA.No. 1310/2024 in SA No.243 of 2024 passed by Hon’ble Debt Recovery Tribunal, Vishakapatnam pending disposal of the above writ petition. lA NO: 2 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 Respondent No.3 not to include property purchased as described in Schedule by the Petitioner in the list of properties of borrower company M/s Ravichandra Textiles Pvt. Ltd., SCHEDULE OF PROPERTY ITEM No.1: Guntur District, Tadikonda Sub District, Tadikonda Mandal, Ponnekallu Gram Panchayat Area, Ponnekallu Village, D.No.10 extent of Ac.9-36 cents and out of it an extent of covering in an Ac 1.36 cents, D.No 11/1 covering in an extent of Ac.4.70 cents and out of it an extent of Ac. 1-76 cents, both demarcation numbers are contiguous plots covering in an extent of Ac.3.12 out of its north side an extent of Ac.2-09 cents and cents D.No.10 in an extent of Ac.2.09 cents + Ac.4-00 cents total Ac.6- 09 cents out of its east side in an extent of Ac.0-40was excluded and the remaining extent is Ac.5-69 cents of dry land is being \vV. r> East Land Belongs to M/s Ravi Chandra Textiles Pvt Ltd and below mentioned Item No.02 Land Land Belongs to M/s Ravi Chandra Textiles South Pvt Ltd Again East Land Belongs to M/s Ravi Chandra Textiles Pvt Ltd Land Belongs to M/s Ravi Chandra Textiles Again South: Pvt Ltd West Land Belongs to M/s Sri Ravi Chandra Textils Pvt Ltd North Inam land of Sree Rajarajeswari Ammavari Within the above said boundaries in an extent of Ac.5-69 cents or 2-598 hcs of dry land Item No:2 Guntur Distrct, Tadikonda Sub District, Tadikonda Mandai, Ponnekallu Gram Panchayat Area, Ponnekallu vtllag^, D.No.10 covering an extent of Ac.9-36 cents and out of it an extent of Ac1- 64 cents of dry land is being bounded by East Bounded by Circar Donka South Land Belongs to M/s Sri Ravi Chandra Textiles Pvt Ltd and item No.03 land West Bounded by land of 1st item North Bounded by Inam land of Sree Rajarajeswari Within the above said boundaries in an extent of Ac. 1.64 cents or 0.656 hcs of dry land Item No:3 Guntur District, Tadikonda Sub District, Tadikonda Mandai, Ponnekallu Gram Panchayat Area, Ponnekallu village, D. No. Covering an extent of Ac.9.36 cents and out of it an extent of Ac Iffi a 1.64 cents after excluding Ac.0.60 Cents on southern side, the- remaining extent Ac.1-04 cents of dry land is being bound by ; Bounded by Circar Donka Land Belongs to M/s Sri Ravi Chandra Textiles \ \ East South Pvt Ltd Land Belongs to M/s Sri Ravi Chandra Textils West Pvt Ltd Bounded by Land of 2nd item North Within the above said boundaries an extent of Ac.1-04 cents or 0- 420 hcs of dry land ( Doc No2364/2011 dated 25.07.2011 District and RC No.11289/2015-A dated 31.12.2015 in D. No/Sy SRO Tadikonda Guntur No. 10,11/I, for an extent of Ac.8.37 cents) The above said three items covering total extent of Ac 8-37 cents or 3-381 hcts of dry land only, pending disposal of the above writ petition and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case. lA NO: 3 OF 2024 Between: Alapati Gopala Krishna, S/o. Late Nageshwara Rao, aged 49 years. Managing Director, M/s Ravichandra Textiles Pvt. Ltd., R/o. 2-1-64, Near Ramalayam, Stambalagaruvu, Pattabhipuram, Guntur Andhra Pradesh 522037. ...PETITIONER/RESPONDENT No.2 AND 1. Kondapaneni Mallikarjuna, S/o. Subbaramaiah, aged 40 years, Occ: Chartered Accountant, R/o D. No. 1-2, Gargupalli( village) Malemarpuram (Post), Chitvel, YSR Kadapa District, Andhra Pradesh 516104 ...RESPONDENT/WRIT PETITIONER 2. Union Bank of India, (Formerly Andhra Bank) Asset Recovery Branch, D.No.26-15-150, Andhra Bank Building, Changalaraopeta Vishakapatnam 53001 Represented by its Authorised Representative. 3. Venkata Narasinha Rao Kalvokota, Interim Resolution Professional, M/s Sri Ravichandra Textiles Pvt Ltd, Flat No. 103, Balaji Vishwam Vihar Apartment, Madura Nagar, Ramanthapur, Hyderabad 500013. ...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 passed in WP.No. 18322 of 2024 dated 22.08.2024 and dismiss the writ petition. Counsel for the Petitioner: SRI VIMAL VARMA VASI REDDY Counsel for the Respondent No.1 : Mrs. V. DYUMANI, SC FOR UNION BANK OF INDIA Counsel for the Respondent Nos.2 & 3 : SRI S.V.S.S. SIVA RAM The Court made the following: COMMON ORDER ^ , IN THE HIGH COURT OF ANDHRA PRADESH ’J”- " [34oo] APHC010543152024 AT AMARAVATI WRIT PETITION NO: 28363 of 2024 along with W.P.No.18322 of 2024 W.P.No,28363 of 2024: ...Petitioner Kondapaneni Mallikarjuna Vs. ...Respondent Union Bank of India ********** Mr. Vimal Varma Vasi Reddy Mrs. V. Dyumani Mr. S. V. S. S. Siva Ram Advocate for Petitioner Advocate for Respondent JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 25th February 2025 CORAM :THE CHIEF P C : Considering the fact that there is a remedy of appeal which is available do not wish to invoke our extraordinary writ jurisdiction of the Constitution of India, considering the ratio of the Radha Krishan Industries v. State of to the petitioner, we under Article 226 judgments of the Apex Court in Himachal Pradesh^ and United Bank of India v. Satyawati Tondon^ 2. These Writ Petitions are, accordingly, disposed of. No costs. V2021)6 SCC 771 ^(2010) 8 see 110 2 HCJ & RCJ W.P.No.28363 of 2024 & another Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Authorised Representative, Union Bank of India, ( Formerly Andhra Bank) Asset Recovery Branch, D.No.26-15-150, Andhra Bank Building, Changalaraopeta, Vishakapatnam 53001. One CC to Sri Vimal Varma Vasi Reddy, Advocate [OPUC] One CC to SMT. V. Dyumani, Advocate [OPUC One CC to Sri S.V.S.S. Siva Ram, Advocate (OPUC) Three C.D. Copies. 2. 3. 4. 5. Cnr HIGH COURT DATED:25/02/2025 COMMON ORDER WP.Nos.28363 and 18322 of 2024 DISPOSING THE W.Ps WITHOUT COSTS