APHC010559592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 28833 OF 2025 Between: 1. Baliboina Siva Prasad, S/p. B. Vasu Aged about 36 years, Occ; Business, R/o. 48-17-5, Opp Siddhartha Medicai College, Nagarjuna Nagar, Vijayawada. 2. B. Vengamma, W/o. B. Vasu, Aged about 85 years, Occ: House hold, R/o. 48-17-5, Opp Siddhartha Medicai College, Nagarjuna Nagar, Vijayawada. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Dept., Secretariat, Velagapudi, Amaravathi, A.P., 2. The Dist Collector, Office of the Collector and Dist. Magistrate, NTR Dist., Vijayawada. 3. The Union Bank of India, ARB, Vijayawada, Rep by its Authorized Officer, RR Apparao Street, Vijayawada. 4. Mrs Revathi Peddu, W/o. Sri Sunil D.No. 59-A-11-3/2, Plot No. 41, 3 Cross, Besides Stella College, K.P. Nagar, Vijayawada. rd ...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 any writ or order or direction more particularly one in the nature of Writ of mandamus declaring the impugned orders dt. 08.10.2025 of the respondent No. 2 passed in file No. REV02- MAGL0SARF/6/2025-MAGL - 5., without jurisdiction, total non application of mind and without following the mandatory provisions of the Act 2002, as the same is illegal, arbitrary, null, void and in violation of Article 300A of the constitution of India., directing the petitioners to vacate the premises on or before 22.10.2025 pending appeal before the DRAT diary No. 1131 of 2025 dismiss the file No. REV02- MAGL0SARF/6/2025-MAGL consequently - 5 on the file of Respondent No.2 filed by the respondent No.3 whereby Chief Metropolitan Magistrate is functioning in Vijayawada city under the provisions of Section 14 of the Act and further the respondents not to interfere with the physical possession of the property pending Appeal Diary No. 1131 of 2025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Fligh Court may be pleased d to stay all further proceedings in furtherance to the orders dt. No.2 passed in file No. REV02- 08.10.2025 of the respondent MAGL0SARF/6/2025-MAGL-5, pending disposal of the above writ petition. Counsel for the Petitioners: SRI K.S. MURTHY SR. COUNSEL APPEARING VICE SRI V. GOPALA RAO AMANCHARLA Counsel for the Respondent Nos.1 & 2 ; GP FOR REVENUE Counsel for the Respondent No.3 : SMT. V. DYUMANI, SC FOR UNION BANK OF INDIA Counsel for the Respondent No.4 : NONE APPEARED The Court made the following order: APHC010559592025 Bench Sr.No:- LM-2 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 28833 of 2025 Baliboina Siva Prasad and another ...Petitioners Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioners Mr. K. S. Murthy, Sr. Counsel, appearing vice Mr. V. Gopala Rao Amancharla Advocate for Respondents GP for Revenue Mrs. V. Dyumani, Standing Counsel for the Union Bank of India CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 16th October 2025 PC : The petitioners are already before the Debts Recovery Appellate Tribunal at Kolkata by way of an appeal and the same is registered as Appeal Diary No.1131 of 2025. 2. According to the Registry of the DRAT, the appeal was preferred beyond time, which was contested by the appellants. However, for keeping the records straight, it is stated that an application for condonation of delay has since been filed even when, according to learned counsel for the petitioners present today, there is no delay. 2 HCJ & RRRJ W.P.No.28833 of 2025 3. It is stated that, in the meantime, the Bank is seeking to the possession from the petitioners and in case the petitioners are dispossessed, the proceedings before the Tribunal will become academic. recover Be that as it may, we dispose of this petition with a direction to the DRAT, Kolkata, to consider the application for condonation of delay on its own merits. Until the appropriate orders are passed, status quo be maintained with regard to the possession of the petitioners. No costs. 4. Consequently, connected miscellaneous applications pending, if shall stand closed. any. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Pradesh, Secretariat, Velagapudi, Amaravathi, A.P., 2. The Dist Collector, Office of the Collector and Dist. Magistrate, NTR Dist., Vijayawada. 3. The Authorized Officer, Union Bank of India Apparao Street, Vijayawada. 4. One CC to Sri V. Gopala Rao Amancharla 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. One CC to Smt. V. Dyumani, SC for Union Bank of India 7. Two CD Copies State of Andhra ARB, Vijayawada, RR Advocate [OPUC] (OPUC) Cnr • V'' A • HIGH COURT DATED: 16/10/2025 ORDER WP NO. 28833 OF 2025 OF g( 16 OCT 2025 rrent Section.. to '! Jmj ri»T DISPOSING OF THE W.P. WITHOUT COSTS