Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 41009 (AP)

NUKALA ANKITHA v. THE BRANCH MANAGER

WP/35332/2025 · 2025-12-21

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010686832025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 35332/2025 Between: 1. NUKALA ANKITHA, D/O SRINIVASA RAO, AGED ABOUT 24 YEARS, R/O 46, SAI NAGAR, ISSAPALEM VILLAGE, NARASARAOPETA MANDALAM, PALNADU DISTRICT.522601 2. NUKALA SAHITHYA,, D/O YEARS, R/O 46, SAI NAGAR, ISSAPALEM VILLAGE, NARASARAOPETA MANDALAM PALNADU DISTRICT. 3. NUKALA SRIJA,, W/O KONJETI CHANDRA SEKHAR, AGED ABOUT 20 YEARS, R/O CHAGANTIVARIPALEM SATTENAPALLI MANDALAM, PALNADU DISTRICT. 4. NUKALA SIVA NANDAN,, D/O SRINIVASA RAO, AGED ABOUT 19 YEARS, R/O 46, SAI NAGAR, ISSAPALEM VILLAGE, NARASARAOPETA MANDALAM, PALNADU DISTRICT. 1. THE BRANCH MANAGER, SME KOTHAPETA BRANCH, THE STATE BANK OF INDIA, LODGE CENTER, 2. THE AUTHORIZED OFFICER, SME ARUNDALPETA BRANCH, THE STATE BANK OF INDIA, ARUNDALPETA, GUNTUR. 3. THE AUTHORIZED OFFICER, ASSETS RECOVERY BRANCH, GURUNANAK COLONY, VIJAYAWADA. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 35332/2025 NUKALA ANKITHA, D/O SRINIVASA RAO, AGED ABOUT 24 YEARS, R/O 46, SAI NAGAR, ISSAPALEM VILLAGE, NARASARAOPETA MANDALAM, PALNADU DISTRICT.522601 NUKALA SAHITHYA,, D/O SRINIVASA RAO, AGED ABOUT 22 YEARS, R/O 46, SAI NAGAR, ISSAPALEM VILLAGE, NARASARAOPETA MANDALAM PALNADU DISTRICT. NUKALA SRIJA,, W/O KONJETI CHANDRA SEKHAR, AGED ABOUT 20 YEARS, R/O CHAGANTIVARIPALEM SATTENAPALLI MANDALAM, PALNADU DISTRICT. NUKALA SIVA NANDAN,, D/O SRINIVASA RAO, AGED ABOUT 19 YEARS, R/O 46, SAI NAGAR, ISSAPALEM VILLAGE, NARASARAOPETA MANDALAM, PALNADU DISTRICT. ...PETITIONER(S) AND THE BRANCH MANAGER, SME KOTHAPETA BRANCH, THE STATE BANK OF INDIA, LODGE CENTER, GUNTUR. THE AUTHORIZED OFFICER, SME ARUNDALPETA BRANCH, THE STATE BANK OF INDIA, ARUNDALPETA, GUNTUR. THE AUTHORIZED OFFICER, ASSETS RECOVERY BRANCH, GURUNANAK COLONY, VIJAYAWADA. IN THE HIGH COURT OF ANDHRA PRADESH [3558] MONDAY,THE TWENTY SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA NUKALA ANKITHA, D/O SRINIVASA RAO, AGED ABOUT 24 YEARS, R/O 46, SAI NAGAR, ISSAPALEM VILLAGE, NARASARAOPETA SRINIVASA RAO, AGED ABOUT 22 YEARS, R/O 46, SAI NAGAR, ISSAPALEM VILLAGE, NUKALA SRIJA,, W/O KONJETI CHANDRA SEKHAR, AGED ABOUT 20 YEARS, R/O CHAGANTIVARIPALEM SATTENAPALLI NUKALA SIVA NANDAN,, D/O SRINIVASA RAO, AGED ABOUT 19 YEARS, R/O 46, SAI NAGAR, ISSAPALEM VILLAGE, ...PETITIONER(S) THE BRANCH MANAGER, SME KOTHAPETA BRANCH, THE STATE THE AUTHORIZED OFFICER, SME ARUNDALPETA BRANCH, THE THE AUTHORIZED OFFICER, ASSETS RECOVERY BRANCH, 2 4. NUKALA SRINIVASA RAO, S/O NARAYANA, AGED ABOUT 44 YEARS, R/O 7-172/5, PIDUGURALLA TOWN, PALNADU DISTRICT. 5. M/S LAKSHMI SRINIVASA COLD STORAGE, PARTNERSHIP FIRM, 2-2, NSR COMPLEX. MAIN ROAD, GURAZALA, PALNADU DISTRICT. REP. BY ITS MANAGING PARTNER, SRI NUKALA SRINIVASA RAO. ...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 topleased to issue WRIT OF MANDAMUS or any other appropriate writ, order or direction to DECLARE the auction notice dated 13.11.2025 issued by the 3rd respondent with respect to Item No. 2 of property No. 2 i.e. building situated in the land admeasuring an extent of 259 sq. yards in D. No. 678/2/B, 679/1A of Gurazala village and mandalam, Palnadu district, therein for recovery of certain loan amount, illegal, arbitrary, violative of principles of natural justice, violative of the provisions of Securitisation And Reconstruction of Financial Assets and as Enforcement of Security Interest Act, 2002 and rules made thereunder contrary to Articles 14 and 300-A of Constitution of India and and consequently SET- ASIDE the auction notice dated 13.11.2025 issued by the 3rd respondent with respect to Item No. 2 of property No. 2, in the interest of justice and pass 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 pleased to STAY of all further proceedings pursuant the auction notice dated 13.11.2025 issued by the 3rd respondent with respect to Item No. 2 of property No. 2 i.e. building situated in the land admeasuring an extent of 259 sq. yards in D. No. 678/2/B, 679/1A of Gurazala village and mandalam, Palnadu district, in the interest of justice and pass Counsel for the Petitioner(S): 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. 3 The Court made the following: ORDER:- (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Learned counsel for the petitioners seeks permission to withdraw the writ petition with liberty to pursue their remedy in the appropriate forum. Permission is accorded. Therefore, the Writ Petition is dismissed as withdrawn granting liberty as prayed for. There shall be no order as to costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 22.12.2025 ARR 4 14 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 35332/2025 Date: 22.12.2025 ARR