IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) A MONDAY, THE TENTH DAY OF MARCH K TWO THOUSAND AND TWENTY FIVE ® PRESENT ^ HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE A'i AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30259 OF 2024 Between: K. P. Rachappa, Rep. by Prop. T. Amaresh, S/o. T. Ayyanna, aged about 45 years, R/o.H.No.21/404, RTC Colony, Kaparthy Nagar, Adoni, Kurnool District, Andhra Pradesh. ...PETITIONER AND The Manager Cum Authorised Officer, Sree Maha Yogi Lakshmamma Co- Op Bank Ltd., 13/72,173, Flower Bazar, Adoni-518301, Kurnool Dist. ...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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in taking forceful possession of the Un-secured Asset of the Petitioner bearing H.No.21/404, Sub Division Sy.No.350/5, Adjacent to Sy No.350 RTd Colony, Kaparthy Nagar, Adoni (T), Kurnool District, under the gusie of the order passed by the Principal Senior Civil Judge-Cum-Assistant Sessions Judge-cum-Chief Judicial Magistrate, Kurnool in CrI.M.P. 304 of 2024 dated 02.09.2024, which is obtained by playing fraud and misleading the Court, is as illegal, arbitrary and contrary to SARFAESI Act and Rules, apart from violation of and Article 19, 21 and 300-A of Constitution of India and set aside the order passed by the Principal Senior Civil Judge-Cum-Assistant Sessions Judge-cum-Chief Judicial Magistrate, Kurnool in CrI.M.P.304 of 2024 dated 02.09.2024 by consequentially directing the Respondent to restore the possession of the Petitioner property bearing H.No.21/404, Sub Division Sy.No.350/5, Adjacent to Sy No. 350 RTC Colony, Kaparthy Nagar, Adorfi (T), Kurnool District. ^ lA NO: 1 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 to restore the possession of H.No.21/404, Sub Division Sy.No.350/5, Adjacent to Sy No. 350 RTC Colony, Kaparthy Nagar, Adoni (T), Kurnool District, AP to the petitioner by suspending the Order passed by the Principal Senior Civil Judge-Cum-Assistant Sessions Judge-cum-Chief Judicial Magistrate, Kurnool in CRLMP 304 of 2024 dated 02.09.2024, pending disposal of the above writ petition. Counsel for the Petitioner: SRI J. U. M. V. PRASAD Counsel for the Respondent: SRI VIRUPAKSHA DATTATREYA GOUDA The Court made the following: ORDER Bench Sr.No:-65 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl WRIT PETITION NO; 30259 of 2024 APHC010575082024 ...Petitioner K P Rachappa Vs. ...Respondent the manager cum authorised officer ********** Mr. J U M V Prasad Mr. Virupaksha Dattatreya Gouda Advocate for Petitioner; Advocate for Respondent; CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 10th March 2025 DATE PC : counsel for the petitioner seeks to withdraw the writ petition. The writ petition is, accordingly, dismissed as withdrawn. No costs, shall stand closed. SD/- A. VENUGOPALA RAO assistant REGI^RAR SECTION OFFICER Learned Pending miscellaneous applications, if any //TRUE COPY// To, 1. one CC to Sri J. U. M. V. Prasad, Advocate [OPUC] Virupaksha Dattatreya Gouda, Advocate [OPUC] 2. One CC to Sri 3. Three CD Copies. ssb 03 HIGH COURT DATED:10/03/2025 ORDER WP.No.30259 of 2024 X 2^HAR2(I25 Current beciion . ^ Co DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS