I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) ^ FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND vy HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30562 OF 2023 Between: Palla Lakshmi Dharan, s/o Late Palla Ashok Kumar Aged about 16 years (DOB 26-1-2007) Minor ^ Palla Pra'^in Tej, s/o late Palla Ashok Kumar aged about 12 years,(DOB 18-12-2o11) minor Both reptd. by maternal Grand Father/natural guardian Sri D.R.Surendra Babu s/o D.R.Rangaiah aged about 67 years, r/o D.No. 103, 33 S.R.Elite, Apartments Owners Court West Shall Petrol Pump Kasavanahalli village, Sajjapur road/central jail road. Bangalore (south) city 1. 2. ...Petitioners AND The Karur Vysya Bank, reptd. by its Branch Manager Bangalore road Hindupur Town, Satya Sai District. The Karur Vysya Bank reptd. by its Zonal Manager CPC Loans, D.No. 6-8-1250, 3'^^ floor, Priya towers, KT Road, Anna Rao circle Tirupati town and District. The Karur Vysya Bank, reptd by its authorized officer Assets Recovery Branch, D.No. 5-8-356 to 362, III floor chirag ali lane, Abids, Hyderabad-1 ^ D.R.Venkate^ s/o D.V.Ramdas aged about 38 years, d.no.4-7-107, Dharmapur Hindupur Satya Sai District. 1. 2. 3. 4. ...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 Order, proceeding or a writ of mandamus declaring \ r .3 in issuing the the action of the respondents in particular respondent no dt 23-1l'^022 published in prajasakthi te^gu daily 24-11-2022 in inipu^ed notification an^ in^lthe on Financial Express English Newspaper hyderabad edition and bringing the property of the minors/petitioners for sale on 26-11^022 i.e, the Palla Residency 4/1/194/2 (old), d.no.4/1/65(new), railway station district) without following the due of natural justice and in Lodge bearing door road, Hindupur town of no satya sai district(earlier anantapuramu of law and in violation of the principles ^ of the SARFAESl Act 2002 and the rules Hindu Guardians And Wards Act process violation of the provisions appended therein, and in violation of the 1890 as illegal arbitrary and unconstitutional and conseqj^ently set aside the said notification issued by Respondent no.3dt. 23 11 respondent Bank not to proceed in putting for sale in pubkc immovable properties of the direct the auction or any type of auction or sale of the shown in the impugned notification dt. 23-11-2022. ^ minors/petitioners as \L NO: 1 OF 2023 that in the circumstances the High Court may be under Section 151 CPC praying Petition stated in the affidavit filed in support of the petition pleased stay all further proceedings including the stay of the operation of the i" ■ »“* no.3 as notified in the impugned notification issued by Respondent no. . 23-11-^22 published in the newspapers, las the sale is not confirmed. Counsel for the Petitioner; SRI S S BHATT counsel for the Respondents 1 to 3: SRI SREEDHAR VALiVETl Respondent No.4: SRI M. KARIBASAIAH Counsel for the The Court made the following order: V i APHC010592852023 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-16 [3483] AT AMARAVATI WRIT PETITION NO: 30562 of 2023 Palla Lakshmi Dharan and others ...Petitioners Vs. The Karur Vysya Bank and others ...Respondents ********** Advocate for Petitioners Advocate(s) for Respondent(s); Mr. S S Bhatt Mr. Sreedhar Valiveti for R.1 to R.3 Mr. M Karibasaiah for R.4 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH SRI JUSTICE RAVI CHEEMALAPATI : 28*'’ March, 2025 THAKUR DATE P C : In view of the fact that the petitioners have alternative remedy before the Debts Recovery Tribunal, petitioners to approach the said forum. The Writ Petition is, accordingly, disposed of. an equally efficacious we give liberty to the No order as to costs. Miscellaneous applications pending, if any, including IA.No.1 of 2024 shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Branch Manager, Karur Vysya Bank, Bangalore Road, Hindupur Town, Satya Sai District. 2 The Zonal Manager, Karur Vysya Bank CPC Loans, D.No. 6-8-1250, 3 Floor, Priya towers, KT Road, Anna Rao circle Tirupati town and District. 3. The Authorized Officer, Assets Recovery Branch, Karur Vysya Bank, D.No. 5-8-356 to 362, III floor chirag ali lane, Abids, Hyderabad-1^ 1. rd 4. One CC to Sri S S Bhatt, Advocate [OPUC] Sri Sreedhar Valiveti,^vocate [OPUC] 5. One CC to 6. One CC to Sri M. Karibasaiah, Advocate [OPUC] 7. Two CD Copies RAM HIGH COURT DATED:28/03/2025 ^^FANDS^ * 2 9 MAR 2025 ^ . Current Section . ORDER mr 53. C9 WP.No.30562 of 2023 DISPOSING OF THE WP WITHOUT COSTS