APHC010517702024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION Nos.26880 and 27096 of 2024 WRIT PETITION No.26880 of 2024 Between: 1. ALL INDIA AGRI GOLD CUSTOMERS, AGENTS WELFARE ASSOCIATION REP. BY ITS PRESIDENT. KONDAPURAM RANGA REDDY, S/O LATE K. VENKATA REDDY .AGED ABOUT 81 YEARS, OCC BUSINESS, RESIDENT OF 6-303, FORT GOOTI ROAD NEAR YELLAMMA TEMPLE, ANAHATHAPURAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. UNION BANK OF INDIA, (ERSTWHILE ANDHRA BANK), LABBIPET BRANCH, LABBIPET, VIJAYAWADA- 520010, KRISHNA DISTRICT, REPRESENTED BY ITS BRANCH MANAGER 2. M/S AGRI GOLD PROJECTS LIMITED, CORPORATE OFFICE, DOOR NO. 40-6-3, PLOT NO. 6, NIMMAGADDA SOMASANKARA RAO STREET, OLD REVENUE COLONY, LABBIPET,.VIJAYAWADA-520010 REP BY ITS MANAGING DIRECTOR. 2 CMR,J & GTK,J W.P.Nos.26880 & 27096 of 2024 3. MR VENKATA RAMA RAO AVVA, S/O LATE A VENKATAAPA RAO, CHAIRMAN/DIRECTOR, M/S. AGRI GOLD PROJECTS LIMITED, DOOR NO. 40-5-3, PLOT NO. 6 NIMMAGADDA SOMASARKARA RAO STREET, OLD REVENUE COLONY, LABBIPET, VIJAYAWADA-520010, 4. MR A UDHAYA BHASKARA RAO, S/O LATE A VENKATAAPA RAO, DOOR NO. 23-35-40, AS RAO STREET, NEAR SBI LAKSHMINAGAR, VIJAYAWADA-520011. 5. MR A SITA RAMA RAO, DIRECTOR GUARANTOR, S/O LATE A VENKATAAPA RA, R/O.DOOR NO. 6-3- 680/A/B, THAKUR MANSION LANE, NEAR SOMAJIGUDA CIRCLE, PANJAGUTTA, HYDERABAD-500082. 6. MRAVSN RAO, DIRECTOR/GUARANTORI S/O LATE A VENKATAAPPA RAO, DOOR NO. 23- 35-39, AS RAO STREET, NEAR SBI LAKSHRAINAGER, VIJAYAWADA- 520011. 7. MR AV SIVARAM, S/O LATE A VENKATAAPPA RAO, DOOR NO.6- 3-680/A/B. THAKUR MANSION LANE, NEAR SOMAJIGUDA CIRCLE. PANJAGUTTA, HYDERABAD- 500082. 8. MR VENKATAPRAGADA SATYA VENKATA, KANAKA DURGA PRASAD, DOOR NO. 20-152, CHALLA KANTARAO STREET, RAMALINGESWARAPET, III LANE, VIJAYAWADA-520003. 9. M/S RITHWIK ENERGY LTD, REP BY ITS DIRECTOR, SRI A UDAY BHASKARAO, DOOR NO 40-6-3, PLOT NO.6, NIRAMAGADDA SOMASANKARA RAO STREET, OLD REVENUE COLONY. VIJAYAWADA-520010. 10. M/S CLARION POWER CORPORATION LTD, REP BY ITS MANAGING DIRECTOR SRI A BHASKARA RAO DOOR NO. 40-6-3, PLOT NIMMAGADDA SOMASANKARA RAO STREET, OLD REVENUE COLONY, VIJAYAWADA- 520010. 11. M/S AGRI GOLD EXINS PVT LTD, REP BY ITS MANAGING 3 CMR,J & GTK,J W.P.Nos.26880 & 27096 of 2024 DIRECTOR SRI AVS SARMA RAO, 40-6-3, PLOT NO.6. NIMMAGADDA SOMASANKARA STREET. OLD REVENUE COLONY. VIJAYAWADA-520010. 12. M/S DREAMLAND VENTURES PVT LTD, REP BY ITS DIRECTOR, SRI AV RAMA RAO, 40-6-3, PLOT NO 6, NIMMAGADDA SOMASANKARARAO STREET, OLD REVENUE COLONY, VIJAYAWADA - 520010. 13. M/S AGRI GOLD FARM ESTATE INDIA PVT LTD, REP BY ITS MANAGING DIRECTOR SRI AVSN RAO, AGRI GOLD TOWERS DOOR NO. 6-3-680/A/B. THAKUR MANSION LANE, NEAR SOMAJIGUDA CIRCLE, PANJAGUTTA, HYDERABAD- 500082. 14. M/S SAI RENEWABLE POWER PVT LTD, REP BY ITS DIRECTOR SR A UDAY BHASKARA RAO, DOOR NO. 40-6-3, PLOT NO.6. NIMMAGADDA SOMASANKARA RAO STREET, OLD REVENUE COLONY, LABBIPET, VIJAYAWADA-520010 15. M/S AGRI GOLD FOODS AND FARM PRODUCTS LTD, D.NO.40-6-3, PLOT NO.6. NIMMAGADDA SOMASANKARA RAO STREET, OLD REVENUE COLONY, LABBIPET. VIJAYAWADA-520010 16. MRS KAM TAI, , DIRECTOR, W/O MR. VENKATA RAMA RAO AVVA, D.NO.25-35-39, AS RAO STREET, NEAR NEHRU BOMMA CENTRE AND SBI, LAKSHMINAGAR,VIJAYAWADA-520001 17. M/S COMMUNICATION NEXT CONSULTANCY P LTD, NEW NO.5, OLD NO.43, NAVARATHANA GARDENS, 2ND STREET, EKKATTUTHANGAL, CHENNAI-600032. TAMILNADU REP BY ITS DIRECTOR SRI A.V.S.SARMA 18. M/S COMMUNICATION NEXT CONSULTANCY P LTD, . NEW NO.5, OLD NO.43, NAVARATHANA GARDENS, 2ND STREET, EKKATTUTHANGAL, CHENNAI-600032. TAMILNADU REP BY ITS DIRECTOR SRI A.V.S.SARMA 4 CMR,J & GTK,J W.P.Nos.26880 & 27096 of 2024 19. THE DEBTS RECOVERY TRIBUNAL, REPRESENTED BY ITS REGISTRAR, ,, VISAKHAPATNAM. 20. THE RECOVERY OFFICER II, DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner: 1. K B RAMANNA DORA Counsel for the Respondent(S): 1. HANUMANTHA RAO BACHINA 2. P S P SURESH KUMAR WRIT PETITION No.27096 of 2024 Between: 1. ALL INDIA AGRI GOLD CUSTOMERS, REP. BY ITS PRESIDENT. KONDAPURAM RANGA REDDY, S/O LATE K. VENKATA REDDY AGED ABOUT 81 YEARS, OCC BUSINESS, RESIDENT OF 6-303, FORT GOOTI ROAD NEAR YELLAMMA TEMPLE, ANAHATHAPURAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. STATE BANK OF INDIA, SAM BRANCH, KHAIRATHABAD, HYDERABAD REPRESENTED BY ITS BRANCH MANAGER 2. M/S AGRI GOLD ORGANICS PVT LIMITED, REP BY ITS MANAGING DIRECTOR SRI. A. UDAY BHASKARA RAO S/O. SRIVENKATAAPPA RAO, D.NO.4-131/1-6, NH9, KEESARA VILLAGE, KANCHIKACHARLA MANDAL, KRISHNA DISTRICT, AP. 5 CMR,J & GTK,J W.P.Nos.26880 & 27096 of 2024 3. MR SRI A UDAYBHASKARA RAO, S/O.SRIVENKATAAPPA RAO, D.NO.23-35-39,AS RAO NAGAR STREET, LAXMINAGAR, SATYANARAYNAPURAM, VIJAYAWADA. 4. SRI AVVA VENAKTA RAMA RAO, S/O. SRI VENKATA APPA RAO, D.NO.23-35-39,AS RAO NAGAR STREET, LAXMINAGAR, SATYANARAYNAPURAM, VIJAYAWADA 5. SMT KOMAPALLI ALIMELUMANGA TAI, W/O. SRI A V RAMA RAO, D.NO.23-35-39, AS RAO NAGAR STREET, LAXMINAGAR, SATYANARAYNAPURAM, VIJAYAWADA. 6. M/S AGRI GOLD FARM ESTATE INDIA PVT LTD, REP BY ITS MANAGING DIRECTOR SRI AVSN RAO, (CORPORATE GUARANTOR) AGRI GOLD TOWERS DOOR NO. 6-3- 680/A/B, THAKUR MANSION LANE, NEAR SOMAJIGUDA CIRCLE,PANJAGUTTA, HYDERABAD- 500082. 7. M/S MIRA ORGNAICS AND CHEMICALS PVT LIMITED, REP BY ITS MANAGING DIRECTOR, SRI. A. UDAY BHASKAR RAO, S.NO.1, SR. KONDIGAI ROAD, GUMMIDIPOONDI, CHENNAI, MGR DISTRICT, TAMILNADU 8. M/S AGRI GOLD PROJECTS LIMITED, CORPORATE OFFICE, DOOR NO. 40-6-3, PLOT NO. 6, NIMMAGADDA SOMASANKARA RAO STREET, OLD REVENUE COLONY, LABBIPET, VIJAYAWADA-520010 REP BY ITS MANAGING DIRECTOR. 9. A SITA RAMA RAO, RDIRECTOR GUARANTOR, S/O LATE A VENKATAAPA RA, R/O.DOOR NO. 6-3- 680/A/B THAKUR MANSION LANE, NEAR SOMAJIGUDA CIRCLE, PANJAGUTTA, HYDERABAD-500082. 1 10. MR AVSN RAO, , DIRECTOR/GUARANTOR, S/O LATE A VENKATAAPPA RAO, DOOR NO. 23- 35-39, AS RAO STREET, NEAR SBI LAKSHRAINAGER, VIJAYAWADA- 520011. 11. M/S AVISHKARA LIFE INSURANCE COMPNAY LTD, REP BY 6 CMR,J & GTK,J W.P.Nos.26880 & 27096 of 2024 ITS MANAGING DIRECTOR A.RAMA RAO, D.NO.40-6-3, OPP BSNL , FORTUNE MURALI PARK LANE, REVENUE COLONY, LABIPET, VIJAYAWADA.AP 12. THE DEBTS RECOVERY TRIBUNAL, REPRESENTED BY ITS REGISTRAR, VISAKHAPATNAM. 13. THE RECOVERY OFFICER II, DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM. 14. M/S PRAGATHI EDUCATIONAL SOCIETY, (REGD NO.2097/1994) REP BY ITS SECRETARY, SMT.VIJAYA LAKSHMI CHERUKURI, W/O.RAJANI BABU CHERUKURI, R/O.5-6-521/2, PRAGATHI NAGAR, NIZAMABAD, TELANGANA 503001. 15. M/S NEW GOPALA KRISHNA ELECTRICALS, REP .BY ITS PROPRIETOR, SRI RAVINDRA DHULIPALA, S/O D.VENKATESWARA RAO, AGED 37 YEARS, R/O. D.NO. 11/50/124, RAMAKOTIPET, REPALLI, GUNTUR DISTRICT - 522265. ...RESPONDENT(S): Counsel for the Petitioner: 1. ABHISHEK NAIDU AKKENA Counsel for the Respondent(S): 1. S SATYANARAYANA MOORTHY 2. BALAJI MEDAMALLI 3. P S P SURESH KUMAR 4. AJAY KUMAR KANAPARTHI The Court made the following: 7 CMR,J & GTK,J W.P.Nos.26880 & 27096 of 2024 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION Nos.26880 and 27096 of 2024 COMMON ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Head learned counsel for the petitioner and learned counsel for the respondents. 2. In both these two writ petitions, the petitioner, by name M/s. All India Agri Gold Customers Agents Welfare Association, challenged the legal validity of the orders passed by the Recovery Officer, Debts Recovery Tribunal, Visakhapatnam. In W.P.No.26880 of 2024, the orders passed by the Recovery Officer in R.P.No.723 of 2017 in O.A.No.686 of 2015 and R.P.No.160 of 2018 in O.S.No.685 of 2015 are under challenge and in W.P.No.27096 of 2024, the orders passed by the Recovery Officer in R.P.No.581 of 2017 in O.A.No.8 of 2016 and R.P.No.652 of 2017 in O.A.No.10 of 2016 are under challenge. 3. The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking writ of Mandamus to declare the action of respondent No.1 in proceeding with auction of the properties pursuant to the orders passed by the 8 CMR,J & GTK,J W.P.Nos.26880 & 27096 of 2024 Recovery Officer in the aforesaid proceedings as illegal and against to the principles of natural justice. 4. Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short, ‘the Act’), provides a right of appeal against the order of Recovery Officer. Therefore, the aggrieved persons have to approach the appellate authority to challenge the legal validity of the orders of Recovery Officer. So, if at all the petitioner is aggrieved by the impugned orders of the Recovery Officer, it has to avail the said remedy of approaching the appellate authority by way of preferring an appeal and without exhausting the said remedy, it cannot approach the writ Court to challenge the said orders. 5. Therefore, without entering into the merits of the matter and without touching the facts and merits of the case, the writ petitions are disposed of with a direction to the petitioners to approach the appellate authority under Section 30 of the Act to challenge the impugned orders of the Recovery Officer within a period of thirty days from the date of this order. In case the petitioner approaches the appellate authority challenging the orders of the Recovery Officer, the appellate authority shall dispose of the said appeals expeditiously, preferably within a period of three months from the date of filing the appeals. 9 CMR,J & GTK,J W.P.Nos.26880 & 27096 of 2024 6. Since this Court has passed interim order dated 06.12.2024 in W.P.No.26880 of 2024, granting stay of all further proceedings initiated by the respondent-bank, and has also passed interim order dated 03.01.2025 in W.P.No.27096 of 2024, to maintain status quo regarding possession of the property in question, the said interim orders shall remain in force till the respective appeals are filed before the appellate authority by the petitioner. The petitioner is at liberty to seek appropriate interim relief before the appellate authority. As a sequel, interlocutory applications, if any pending, in these cases shall stand closed. There shall be no order as to costs. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY ______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 11.11.2025 Note:- Issue CC by tomorrow. (B/o) IBL 10 CMR,J & GTK,J W.P.Nos.26880 & 27096 of 2024 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION Nos.26880 and 27096 of 2024 Dt: 11.11.2025 IBL