APHC010702512025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA WRIT PETITION NO: 36178/2025 Between: 1. PAVAN SAI ONION, VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH-534102. REPRESENTED BY ITS PROPRIETOR BULLI VENKATA ADIYYA. 2. BETHU SATYANARAYANA,, S/O. BHASKARA RAO, AGED 65 YEARS, H.NO.4-3/1, ZP ROAD, NEAR POST OFFICE, CHANAMALLI VILLAGE, NIDAMARRU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH 3. BETHU BULLI VENKATA ADIYYA,, YEARS, H.NO.4-4/1, ZP ROAD, NEAR POST OFFICE, CHANAMALLI VILLAGE, NIDAMARRU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH 4. BETHU MADHAVI,, W/O. BULLI VENKATA ADIYYA, AGED 37 YEARS, H.NO.4-4/1, ZP ROAD, NEAR POS VILLAGE, NIDAMARRU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH 1. UNION OF INDIA, MINISTRY OF FINANCE AND COMPANY AFFAIRS, (DEPARTMENT OF ECONOMIC AFFAIRS), IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO WRIT PETITION NO: 36178/2025 PAVAN SAI ONION, D.NO.9-22-65, BR MARKET, TADEPALLIGUDEM VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, ANDHRA 534102. REPRESENTED BY ITS PROPRIETOR BULLI VENKATA ADIYYA. BETHU SATYANARAYANA,, S/O. BHASKARA RAO, AGED 65 3/1, ZP ROAD, NEAR POST OFFICE, CHANAMALLI VILLAGE, NIDAMARRU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH-534198. BETHU BULLI VENKATA ADIYYA,, S/O. SATYANARAYANA, AGED 44 4/1, ZP ROAD, NEAR POST OFFICE, CHANAMALLI VILLAGE, NIDAMARRU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH-534198. BETHU MADHAVI,, W/O. BULLI VENKATA ADIYYA, AGED 37 YEARS, 4/1, ZP ROAD, NEAR POST OFFICE, CHANAMALLI VILLAGE, NIDAMARRU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH-534198. ...PETITIONER(S) AND UNION OF INDIA, MINISTRY OF FINANCE AND COMPANY AFFAIRS, (DEPARTMENT OF ECONOMIC AFFAIRS), (BANKING DIVISION), IN THE HIGH COURT OF ANDHRA PRADESH [3418] TWENTY SIXTH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA 65, BR MARKET, TADEPALLIGUDEM VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, ANDHRA 534102. REPRESENTED BY ITS PROPRIETOR BETHU BETHU SATYANARAYANA,, S/O. BHASKARA RAO, AGED 65 3/1, ZP ROAD, NEAR POST OFFICE, CHANAMALLI VILLAGE, NIDAMARRU MANDAL, WEST GODAVARI DISTRICT, S/O. SATYANARAYANA, AGED 44 4/1, ZP ROAD, NEAR POST OFFICE, CHANAMALLI VILLAGE, NIDAMARRU MANDAL, WEST GODAVARI DISTRICT, BETHU MADHAVI,, W/O. BULLI VENKATA ADIYYA, AGED 37 YEARS, T OFFICE, CHANAMALLI VILLAGE, NIDAMARRU MANDAL, WEST GODAVARI DISTRICT, ...PETITIONER(S) UNION OF INDIA, MINISTRY OF FINANCE AND COMPANY AFFAIRS, (BANKING DIVISION), 2 CMR,J & VGKR,J W.P.No.36178 of 2025 REPRESENTED BY ITS SECRETARY, 3RD FLOOR, JEEVAN DEEP BUILDING, SANSADMARG, NEW DELHI-110001. 2. THE RESERVE BANK OF INDIA, REP. BY ITS REGIONAL MANAGER, 6-1-56, SECRETARIAT ROAD, SAIFABAD HYDERABAD-500 004. 3. THE AUTHORIZED OFFICER, AXIS FINANCE LIMITED, GROUND FLOOR, C-2, WADIA INTERNATIONAL CENTRE, PANDURANG BUDHKAR MARG, WORLI, MUMBAI-45, MOBILE NO.7738650021, SHRISTIL .AGRAWAL@AXISFINANCE.IN ...RESPONDENT(S): 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 declaring the action of the Respondent Bank in attempting to dispossess the Petitioners and the family from residential building D.No.4-4, New D.No.3-67, Assessment No.367, Ward No.4and Survey No.427/1 to an extent of 209 Square Yards (174 Sq.Mtrs) Situated at Chanamalli Village, Nidamarru Mandal, Eluru District and Residential House Site situated in R.S.No.26/2, to an extent of 647 Square Yards of Tadepalligudem Town and Mandal, West Godavari District under the guise of the Order in Criminal Miscellaneous Petition No. 704 of 2025 of the Chief Judicial Magistrate- Cum- Principal Civil Judge (Senior Division), Eluru, West Godavari District, through the Advocate Commissioners taking advantage of the pendency of S.A.No.773/2025 and I.A.No.4962 of 2025 in S.A.No. 773/2025 before the Hon'ble Debts Recovery Tribunal, Visakhapatnam and the Presiding Officer being on leave as illegal, arbitrary and violative of Art. 14, 21 and 300-A of Constitution of India and consequently to direct the Respondent Bank not to employee any coercive measures including taking possession of the Petitioners house property pending the S.A.No.773/2025 before the Debts Recovery Tribunal, Visakhapatnam IA 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 direct the Respondent Bank not to interfere and dispossess the Petitioners and family from the residential building D.No.4-4, New D.No.3-67, Assessment No.367, Ward No.4and Survey No.427/1 to an extent of 209 3 CMR,J & VGKR,J W.P.No.36178 of 2025 Square Yards (174 Sq.Mtrs) Situated at Chanamalli Village, Nidamarru Mandal, Eluru District and residential house site in R.S.No.26/2, to an extent of 647 Square Yards situated at Tadepalligudem Town and Mandal, West Godavari District pending disposal of Writ Petition Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. 4 CMR,J & VGKR,J W.P.No.36178 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. 2. The petitioners are the principal borrowers and guarantors. The principal borrowers availed loan from the 3rd respondent-financial institution. As they committed default in repayment of the loan amount, the 3rd respondent has initiated measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’). Notice under Section 13(2) of the SARFAESI Act was given to take possession of the secured asset. Challenging the said measures initiated by the 3rd respondent-financial institution, the petitioners have already approached the Debts Recovery Tribunal, which is the appropriate forum for redressal of the said grievance, by way of filing securitization application No.773 of 2025. Alongside the securitization application, they also filed I.A.No.4962 of 2025, seeking stay of the further proceedings of taking possession of the secured asset. 3. Alleging that the presiding officer of the Debts Recovery Tribunal is on leave and the Tribunal is not functioning, they have approached this Court by way of filing the writ petition, in view of the urgency. It is now stated at the time of hearing this petition that the presiding officer has resumed duty and even though the matter stood posted today to hear the stay petition that the learned presiding officer of the Tribunal has posted the stay petition beyond three (3) weeks. Therefore, learned counsel for the petitioners prayed to pass appropriate interim orders to protect their interest till the said application is disposed of before the Tribunal. 4. As the petitioners have already approached the Tribunal, which is the appropriate forum, seeking redressal of their grievance by way of filing securitization application and also stay application, we are not inclined to 5 CMR,J & VGKR,J W.P.No.36178 of 2025 interfere with the matter and to entertain the writ petition. The petitioners have to pursue their remedy before the Tribunal. 5. Therefore, the Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam, to consider I.A.No.4962 of 2025, which was filed seeking stay of further proceedings and hear the petitioners and dispose of the same, on merits, according to law, within 14 days from date of this order. Till the said stay application is disposed of by the Tribunal within the time stipulated above, there shall be interim direction, not to take possession of the secured asset, to the 3rd respondent-financial institution. If the petitioners fail to cooperate with the Tribunal to dispose of the said stay application within a period of two (2) weeks, as directed supra, the interim direction not to take possession of the secured asset stands vacated without any further reference to the Court. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY ______________________________________________ JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO Date: 26.12.2025 Note: Issue C.C. tomorrow B/o., MDP