t IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) r/ MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11565 OF 2025 Between: Vini Varghese, S/o. Shaju Samuel, Female, aged about 52 years, R/o. Villa No. 76, Green City, Jaggarajupeta, NearApparai Park, Vadlapudi, Gajuwaka, Visakhapatnam. ...PETITIONER AND The Chief Manager, Stressed Assets Resolution Branch (SARB) State Bank of India, Administrative Office Campus, Siripuram Junction, Visakhapatnam. The Manager(Operations), Lie Housing Finance Limited, Back Office, 4thfloor, Jeevan Samriddi LIC Annex Building, Thinkana Road, Vishakhapatnam 1. 2. ...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 an appropriate order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.1 and 2 conducting auction pursuant to Form No. 16 in RP No.490 of 2023 in O.A.No.518 of 2020 on the file of Debt Recovery Tribunal, Visakhapatnam petitioners property RCC Duplex House in an extent of 300 square yards bearing Plot No.76 of Green City covered by Sy.No.2/1 to 2/19, 3/1 to 3/18, 4/1 to 4/14, 5/2B, 5/3B1 5/3B2, 5/4B, 5/5B, r 5/11B (except 5/10A, 5/11A), 7/12 of Thungalam Village, „ Gaiuwaka Mandal. within the limits of Greater Visakhapatnam Municipal Corporation (GVMC) without having first charge over the property is illegal; irregular, arbitrary and violation of the provisions of the Securitization And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, (SARFAESI Act) and also offends Articles 14, 21 and 300-A of Constitution of India and consequently set aside the recovery certificate in Form No. 16 in RP No.490 of 2023 in O.A.No.518 of 2020 on the file of Debt Recovery Tribunal, Visakhapatnam, dated 10.07.2024. 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 Fligh Court may be pleased to stay of all further proceedings including auction over the property RCC Duplex House in an extent of 300 square yards bearing Plot No.76 of Green City covered by Sy.No.2/1 to 2/19, 3/1 to 3/18, 4/1 to 4/14, 5/2B, 5/3B1, 5/3B2, 5/4B, 5/5B, 5/6B, 5/7B, 5/82, 5/1 I B (except 5/1OA, 5/11 A), 7/12 of Thungalam Village, Gajuwaka Mandal, within the limits of Greater Visakhapatnam Municipal Corporation (GVMC) pursuant Foripll RP No.490 of 2023 in O.A.No.518 of 2020 on the file of Debt Recovery Tribunal, Visakhapatnam, dated 10.07.2024 pending disposal of the main writ petition. to lA NO: 2 OF 2Q2fi 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 permit the petitioner to conduct private sale over the property RCC Duplex House in an extent of 300 square yards bearing Plot No.76 of Green City covered by Sy.No.2/1 to 2/19, 3/1 to 3/18, 4/1 to 4/14, 5/2B, 5/3B1, 5/3B2, 5/4B, 5/5B, 5/6B, 5/7B, 5/82, 5/1 IB (except 5/10A, 5/11 A), 7/12 of Thungalam Village, Gajuwaka Mandal, within the limits of Greater Visakhapatnam Municipal Corporation (GVMC) pending disposal of the main writ petition. Counsel for the Petitioner: SRI MANGENA SREE RAMA RAO Counsel for the Respondents: — The Court made the following: ORDER f d Bench Sr.No:-13 [3483] APHC010213322025 COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 11565 of 2025 ...Petitioner Vini Varghese Vs. ...Respondents The Chief Manager and others ********** Mr. Mangena Sree Rama Rao Advocate for Petitioner Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : May, 2025 DATE PC: In view of the availability of an equally efficacious alternative remedy before the Debts Recovery Tribunal and considering the ratio of the judgments of the Apex Court in Radha Krishan Industries v. State of Himachal Pradesh [(2021) 6 SCC 771] and United Bank of India v. Satyawati Tondon [(2010) 8 SCC 110], we do not find it a fit case to invoke our extra-ordinary writ jurisdiction under Article 226 of the Constitution of India. The Writ Petition is, accordingly, dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR SECT^ OFFICER //TRUE COPY// To. 1. One CC to Sri Mangena Sree Rama Rao Advocate [OPUC] 2. Three CD Copies TF I! f / HIGH COURT DATED:05/05/2025 ORDER WP.No.11565 of 2025 5 14 MAY 2(I7S a ^ . Current oecuon ,'y DISMISSING THE W.P., WITHOUT COSTS