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2025 DAILYLAW 35673 (AP)

Smt. Mudavath Anji Bai @ Anjani Bai, v. Reserve Bank of India,

WP/6596/2025 · 2025-03-20

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE * AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 6596 OF 2025 Between: Smt. Mudavath Anji Bai @ Anjani Bai, W/o Mudavath Kota Naik, aged 56 years, Occ Housewife, R/o 19-841/B, Hanuman Nagar, Revenue Ward No. 10, Vinukonda, Palnadu District (Erstwhile Guntur District), Andhra Pradesh ...Petitioner AND 1. Reserve Bank of India, Rep. by its Governor, Saifabad, Hyderabad. 2. Aptus Value Housing Finance India Pvt. Ltd., Rep. by its Senior Branch Manager, Narasaraopet Branch, Palnadu District (Erstwhile Guntur District). 3. Upputuri Koteswara Rao, S/o Not known to Petitioner, Aged Major, Working as Senior Branch Manager and Authorized Signatory of Aptus Value Housing Finance India Pvt. Ltd., Narasaraopet Branch, Palnadu District (Erstwhile Guntur District) 4. Narra Nagendra, S/o Peda Rajulaiah, Aged Major, R/o D.No. 19-841, 9th Line, Hanumaiahnagar, Vinukonda, Palnadu District (erstwhile Guntur District). 5. Narra Kaveri, W/o N. Nagendra, Aged Major, R/o D.No.19-841,9t h Line, Hanumaiahnagar, Vinukonda, Palnadu District (erstwhile Guntur District). 6. Javangula Nagaraju, S/o Not known to petitioner. Aged Major, R/o D.No.19-845/3, Hanumaiahnagar, Vinukonda, Palnadu District (erstwhile Guntur District). 7. G. Sudhakar, S/o Not know to Petitioner, Aged Major, Occ Advocate, C/o Guntur BAR Association, Courts Complex Guntur, Guntur District. ...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 any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declare the impugned Order dated 18.11.2024 in Crl.M.P.No.694 of 2024 on the file of the Principal Assistant Sessions Judge, Guntur-cum-Chief Judicial Magistrate, Guntur against the petitioner in which the petitioner is not a party as illegal, invalid unsustainable, contrary to law and unconstitutional and further declare the action of respondents in trying to dispossess the petitioner from her house property bearing Door No. 19-841/B, Hanuman Nagar, Revenue Ward No.10, Vinukonda, Palnadu District without following due process of law as bad, illegal, arbitrary, unjust, improper, contrary to law and violative of Article 300-A of the Constitution of India and consequently, direct the respondents to not to interfere with the peaceful possession and enjoyment of the petitioner over her house bearing Door NO.19-841/B, Hanuman Nagar, Revenue Ward No. 10, Vinukonda, Palnadu District. 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 not to dispossess the petitioner from her house bearing Door No. 19-841/B, Hanuman Nagar, Revenue Ward No. 10, Vinukonda, Palnadu District. lA NO: 3 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 of all further proceedings Including execution of the Order dated 18.11.2024 in Crl.M.P.No.694 of 2024 on the file of the Principal Assistant Sessions Judge, Guntur-cum-Chief Judicial Magistrate, Guntur. Counsel for the Petitioner: SRI. MAMIDI PRAKASH KUMAR Counsel for the Respondents: - The Court made the following order: fi APHC010571762024 IN THE HIGH COURT OF ANDHRA AT AMARAVATI PRADESH Bench Sr.No:-10 [3446] I WRIT PETITION NO: 6596 of 2025 Smt. Mudavath Anji Bai @ AnjanI Bai • ■■Petitioner Vs. Reserve Bank of India and others ■ ■■Respondents ********** Advocate for Petitioner Advocate for Respondents CORAM . THE CHIEF JUSTICE DHIRAJ SRI JUSTICE R RAGHUNANDAN : 20th March 2025 Mr. Mamidi Prakash Kumar SINGH THAKUR RAO DATE PC to the'0T available to me pew,oner ,n terms of Section 17 of the SARFAESI considering the ratio of the judgment of United Bank of India Act, 2002, and rendered by the Apex Court in the case t/s. satyav^ati Tondon\ we are not inclined to extraordinary writ jurisdiction exercise our of India. under Article 226 of the Constitution This writ petition is, accordingly, disposed of. No costs. Consequently, connected miscellaneous applications condone delay ,n representation petition, are closed. if any, including '(2010) 8 see 110 Si!/-A.VIJAYABABU assistant registrar //TRUE COPY// SEC N OFFICER To, 1 ■ The Governor, Reserve Bank of India, Saifabad, Hyderabad. 2. The Senior Branch Manager, Aptus Value Housing Finance India Pvt. Ltd., Narasaraopet Branch, Palnadu District (Erstwhile Guntur District). 3. One CC to Sri. Mamidi Prakash Kumar Advocate [OPUC] 4. Three CD Copies ► r GSC HIGH COURT DATED:20/03/2025 ORDER WP.No.6596 of 2025 g 2 9 MAR 2025 | ^ . Current Section . DISPOSING OF THE WP WITHOUT COSTS