APHC010295642025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT PETITION NO: 14591/2025 Between: 1. VUNDRALLA ANASUYA, W/O LATE VUNDRALLA KISHORE KUMAR, AGED 48 YEARS, R/O. D.NO.11 SRIKAKULAM DISTRIET. 2. VUNDRALLA SRINIDH,, AGED 20 YEARS, R/O. D.NO.L 1 SRIKAKULAM DISTRICT. 3. VUNDRALLA SRIYA, D/O. LATE UNDARALLA KISHORE KUMAR, AGED 23 YEARS, R/O. D.NO.11 SRIKAKULAM DISTRICT. 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI. 2. THE COLLECTOR AND DISTRICT MAGISTRATE, SRIKAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM 4. TAHSILDAR, PONDURU, PONDURU MANDAL, SRIKAKULAM DISTRICT. 5. THE SUPERINTENDENT OF POLICE, SRIKAKULAM. . IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 14591/2025 VUNDRALLA ANASUYA, W/O LATE VUNDRALLA KISHORE KUMAR, AGED 48 YEARS, R/O. D.NO.11-130, MARKET ROAD, PONDURU, SRIKAKULAM DISTRIET. VUNDRALLA SRINIDH,, S/O LATE VUNDRALLA KISHORE KUMAR, AGED 20 YEARS, R/O. D.NO.L 1-130, MARKET ROAD, PONDURU, SRIKAKULAM DISTRICT. VUNDRALLA SRIYA, D/O. LATE UNDARALLA KISHORE KUMAR, AGED 23 YEARS, R/O. D.NO.11-130, MARKET ROAD, PONDURU, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, THE COLLECTOR AND DISTRICT MAGISTRATE, SRIKAKULAM. THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM PONDURU, PONDURU MANDAL, SRIKAKULAM THE SUPERINTENDENT OF POLICE, SRIKAKULAM. . IN THE HIGH COURT OF ANDHRA PRADESH [3558] FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA VUNDRALLA ANASUYA, W/O LATE VUNDRALLA KISHORE KUMAR, 130, MARKET ROAD, PONDURU, S/O LATE VUNDRALLA KISHORE KUMAR, 130, MARKET ROAD, PONDURU, VUNDRALLA SRIYA, D/O. LATE UNDARALLA KISHORE KUMAR, 130, MARKET ROAD, PONDURU, ...PETITIONER(S) THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, THE COLLECTOR AND DISTRICT MAGISTRATE, SRIKAKULAM. PONDURU, PONDURU MANDAL, SRIKAKULAM 2 CMR,J & GTK,J W.P.No.14591 of 2025 6. THE STATION HOUSE OFFICER, PONDURU POLICE STATION, PONDURU. SRIKAKULAM DISTRICT. 7. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, REP BY ITS AUTHORIZED OFFICER, RAJENDRANAGAR BRANCH, NO. 50-57-2, OF, AKSHAYA AMITY APT. VISAKHAPATNAM. ...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 a writ, order or direction, more particularly, one in the nature of Writ of mandamus declaring the Proceedings of the Respondent no.2 issued vide Rc.No.946/2024/D2, dt. 11-06-2025, passed under Sec. 14(2) of SARFAESI Act, 2002, upon the application filed by Respondent no.7, thereby directing Respondent no.4 to assist Respondent no.7, for securing the possession of the building property i.e., RCC Building with vacant site bearing D.No.l 1-130 (wrongly mentioned as D.No.11-13) in an extent of 275.09 plus 177.98 sq.yds, situated at Market Road, Ponduru, Srikakulam District, is nothing but arbitrary, illegal, unlawful and completely contrary to the provisions of Sec. 14 of The SARFAESI Act and in violation of the Fundamental Rights of the Petitioners guaranteed under Art. 14, 21 and 300- A of the Constitution of India, and in violation of Principles of Natural Justice, by consequently setting-aside the Proceedings of the Respondent no.2 issued vide Rc.No.946/2024/D2, dt. 11-06- 2025, passed under Sec. 14(2) of SARFAESI Act, 2002, 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 Grant Interim Stay of all further proceedings of the Execution of the Proceedings of the Respondent no.2 issued vide Rc.No.946/2024/D2, dt. 11-06-2025, passed under Sec. 14(2) of SARFAESI Act, 2002, thereby not to dispossess / evict the Petitioners Family from the RCC Building with vacant site bearing D.No.l 1-130 (wrongly mentioned as D.No.11-13) in an extent of 275.09 + 177.98 sq.yds, situated at Market Road, Ponduru, Srikakulam District, until further Orders of this Hon'ble Court, pending disposal of Writ Petition, and pass 3 CMR,J & GTK,J W.P.No.14591 of 2025 Counsel for the Petitioner(S): 1. P RAJESH BABU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. KUNUKU RAJA SEKHAR 4 CMR,J & GTK,J W.P.No.14591 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This writ petition has been filed challenging the measures initiated by the 7th respondent-finance institution under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the Act’) against the principal borrower for recovery of the loan amount. 2. As the principal borrower died, his legal representatives who are the petitioners herein filed this writ petition challenging the said measures initiated under Section 14(2) of the Act. As the principal borrower died, it is stated by learned counsel for the petitioner that the insurance company has repaid the entire loan amount and discharged the loan. 3. Mr. M.Vipin Viswas, learned counsel representing Mr. Kunuku Raja Sekhar, learned counsel for the 7th respondent-finance institution, which has sanctioned the loan to the principal borrower, also on instructions, fairly concedes and submits that the insurance company has discharged the loan amount of the principal borrower and the loan account was also closed. 4. In that view of the matter, nothing survives in this writ petition for adjudication. 5. Recording the aforesaid submissions made by both the learned counsel for the petitioner and the learned counsel for the 7th respondent, the Writ Petition is closed. As the loan amount was discharged and the loan account of the principal borrower is closed, the 7th respondent is directed to return the title deeds and other documents relating to the secured asset of the principal borrower, which are deposited with the 7th respondent, to the petitioners who are the legal representatives of the principal borrower, within a period of three (3) weeks from date of this order. There shall be no order as to costs. 5 CMR,J & GTK,J W.P.No.14591 of 2025 As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 01.12.2025 MDP