IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) a TUESDAY, THE TWENTY EIGHTH DAY OF JANUARYifc TWO THOUSAND AND TWENTY FIVE * * PRESENT HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1968 OF 2025 Between: 1. Kodandarama Filling Station, Rep by its Managing Partner, Mrs.Tirumla Leela Ganga Bhavani Lakshmi W/o. Vijaya Ram, R.S. No. 188/4, Essar Petrol Bunk, Yanamadurru, Bhimavaram, W.G. District-534239 2. Tirumla Leela Ganga Bhavani Lakshmi, W/o. Vijaya Ram, aged about 45 years, R/o. H.No.1-24B, School road, Yanamadurru Village, Bhimavaram, West Godavari District. 3. Tirumala.Sita Maha Lakshmi Kumari, W/o. Srinivas, aged about 46 years, R/o. H.No.1-24B, School road, Yanamadurru Village, Bhimavaram, West Godavari District 4. Tirumla Srinivas, S/o. Venkata Ratnam, aged about 51 years, R/o. H.N0.1-24B, School road, Yanamadurru Village, Bhimavaram, West Godavari District ...PETITIONERS AND The Union Bank of India, Rep. by its Authorized officer. Union Bank of India, D.No.9-15-1/1, Venkata Ramana Shopping Complex Near Laxminarayana Theater Tadepalligudem-534102 ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order, or direction declaring the E- E-Auction Sale Notice dated 23-12-2024, as issued by the Authorized Officer of Union Bank of India, Tad%alligudem, the respondent herein, for conducting the auction of sale of iyme^le properties of the petitioners on 29-01-2025, to an extent of Ac. ^cents of the non-agricultural site and RCC roofed residential ^ -V- /edmmercial ground floor building situated in R.S.No.188/4R near D.No.1-24 Situated Yanamadurru village, Narasapuram Main road Bhimavaram Mandal, West Godavari District, by holding the same as illegal, arbitrary, contrary to the Provisions of SARFAESI, Act 2002, in utter breach of principles of natural justice, discriminatory and in violation of Article 14 and 16 of the Constitution of India and set aside the same. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay all further proceedings including conducting the auction of sale of immovable properties of the petitioners' Property to an extent of Ac. 1.25 cents of non -agricultural site and RCC roofed residential /commercial ground floor building situated in R.S.N0.188/4R near D.No.1-24 Situated Yanamadurru village, Narasapuram Main road Bhimavaram Mandal, West Godavari District pursuant to E- Auction Sale Notice dated 23-12-2024, as pending disposal of the above Writ Petition. - Counsel for the Petitioners: SRI CHAKRADHARA RAJA Y Counsel for the Respondents: SRI K R S PRAKASH RAO The Court made the following: ORDER APHC010035592025 Bench Sr.No:-11 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 1968 of 2025 ...Petitioners Kodandarama Filling Station and others Vs. ...Respondent The Union Bank of India ********** Sri Y. Chakradhara Raja Advocate for petitioners Advocate for respondent Sri K. R. S. Prakash Rao CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 28th January 2025 PC : The petitioners claim that even when a Securitization Application is filed and pending before the Debts Recovery Tribunal, Visakhapatnam vide S.A.No.13 of 2025 and no interim orders have been passed in the interlocutory application filed along with the S.A., the official respondents are proceeding to conduct auction in regard to the secured asset, which would cause prejudice to the interests of the petitioners and render the S.A. academic. Be that as it may, considering the limited controversy of the petitioners, we dispose of this petition with a direction that while the auction proceedings may go on, status quo be maintained with regard to possession of the 2. 2 petitioners in regard to the asset in question till such time a considered order is passed in the interlocutory application filed along with the S.A. 3. We, however, make it clear that i case the D.R.T. feels that the proceedings are sought to be delayed by the petitioners, it would be at liberty to pass appropriate orders accordingly. in 4. Accordingly, the Writ Petition is disposed of. No order Pending miscellaneous applications, if any, shall stand closed. as to costs. SD/- V.SAVITHRI GOWRI /^SISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. Union Bank of India, D.No.9-15-1/1 XaHigudem"5T4^02.''°"’''"'' Laxminarayana ’ One CC to Sri Chakradhara Raja Y Advocate [OPUC] One CC to Sri K R S Prakash Rao Advocate [OPUC] Three CD Copies Venkata Theater 2. 3. 4. TF HIGH COURT DATED;28/01/2025 ORDER WP.No.1968 of 2025 I 0 5 MAK 2025 ^ . Current ddction . OV DISPOSING OF THE W.P., WITHOUT COSTS