1 APHC010626752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 32334/2025 Between: 1. SARIPALLI VENKATA BALA KUMAR, S/O. LATE SARIPALLI APPALANAIDU, AGED ABOUT 73 YEARS R/O. D-NO. 10-2-6, PAAMUVAARI STREET, RAMARAOPETA, KAKINADA-533004. ...PETITIONER AND 1. THE CANARA BANK, REP BY ITS AUTHORIZED OFFICER, D.NO. 2- 26-1, WARD NO.5, 50 BUILDINGS CENTRE, SRINAGAR, KAKINADA- 533003. 2. THE BRANCH MANAGER, CANARA BANK, VAKALA PUDI, KAKINADA - 533001. ...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 an appropriate Writ Order or Direction more particularly one in the nature of a MANDAMUS declaring the action on part of the Respondents more particularly the 2nd Respondent in proposing to conduct the auction on 19.11.2025 vide auction sale notice dated 29.10.2025 vide Ref No. 01/6940/ROK/13258/2025 in so far as Property-1 admeasuring 74.86 Sq.yrds and Property-2 admeasuring 50.19 Sq.yrds which includes the house site and property admeasuring of an extent of 85 Sq. Yards forming part of my property and house site admeasuring of a total extent of extent of 2 215 Sq. Yards bearing D.No 10-2-6 of Pamulavari Street, Ramarao Peta, Kakinada- 533004, abetting towards north of my property and Suit Schedule Property of an extent of 14.33 sq. yards which is the subject matter of the Second Appeal S.A. No. 120 of 2008 pending adjudication on the file of this Hon'ble Court, as illegal, arbitrary, unjust and violative of principles of natural justice besides being contrary to Articles 14,19,21 and 300-A of the Constitution of India apart from being contrary to settled principles of law and the precedent law of the Hon'ble Supreme Court and further consequently set aside the impugned sale notice dated 29.10.2025 vide Ref No. 01/6940/ROK/13258/2025 in so far as Property - 1 admeasuring 74.86 Sq. yards and Property - 2 admeasuring 50.19Sq.yrds which includes the house site and property admeasuring of an extent of 85 Sq. Yards forming part of my property and house site admeasuring of a total extent of extent of 215 Sq. Yards bearing D.No 10-2-6 of Pamulavari Street, Ramarao Peta, Kakinada- 533004, abetting towards north of my property and Suit Schedule Property of an extent of 14.33 sq. yards which is the subject matter of the Second Appeal S.A. No. 120 of 2008 pending adjudication on the file of this Hon'ble Court, and further direct the respondents not to conduct the auction in so far as Property - 1 admeasuring 74.86 Sq.yrds and Property - 2 admeasuring 50.19 Sq.yrdswhich includes the house site and property admeasuring of an extent of 85 Sq. Yards forming part of the petitioners property and house site admeasuring of a total extent of extent of 215 Sq. Yards bearing D.No 10-2-6 of Pamulavari Street, Ramarao Peta, Kakinada- 533004, abetting towards north of my property and Suit Schedule Property of an extent of 14.33 sq. yards which is the subject matter of the Second Appeal No. 120 of 2008 pending adjudication on the file of this Hon'ble Court, in the interests of justice 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 suspend the operation of the auction sale notice dated: 29.10.2025 vide Ref No. 01/6940/ROK/13258/2025 in so far as Property - 1 admeasuring 74.86 Sq.yrds and Property - 2 admeasuring 50.19Sq.yrds which includes the house site and property admeasuring of an extent of 85 Sq. Yards forming part of the petitioners property and house site admeasuring of a total extent of extent of 215 Sq. Yards bearing D.No 10-2-6 of Pamulavari Street, Ramarao Peta, Kakinada- 533004, abetting towards north of my property and Suit Schedule Property of an extent of 14.33 sq. 3 yards which is the subject matter of the Second Appeal S.A. No. 120 of 2008 pending adjudication on the file of this Hon'ble Court pending disposal of the writ petition in the interest of justice and pass IA NO: 2 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 stay of all further proceedings pursuant to the auction sale notice dated: 29.10.2025 vide Ref No. 01/6940/ROK/13258/2025 in so far as Property-1 admeasuring 74.86 Sq.yrds and Property-2 admeasuring 50.19 Sq.yrdswhich includes the house site and property admeasuring of an extent of 85 Sq. Yards forming part of the petitioners property and house site admeasuring of a total extent of extent of 215 Sq. Yards bearing D.No 10-2-6 of Pamulavari Street, Ramarao Peta, Kakinada- 533004, abetting towards north of my property and Suit Schedule Property of an extent of 14.33 sq. yards which is the subject matter of the Second Appeal S.A. No. 120 of 2008 pending adjudication on the file of this Hon'ble Court, pending disposal of the writ petition in interests of justice and pass Counsel for the Petitioner: 1. M SRI ATCHYUT Counsel for the Respondent(S): 1. 4 5 The Court made the following: ORDER:- (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. Persons by name Pithala Srinivas and Pithala Kamala Devi are the principal borrowers, who availed loan from the 1st respondent-bank. They offered their immovable property as security for repayment of the loan amount. As they committed default in repayment of the loan, the bank has initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short <the SARFAESI Act=) and brought the secured asset for sale in public auction. Challenging the said proceedings initiated by the bank under the SARFAESI Act, the petitioner, who is a third party to the said loan transaction, filed this writ petition. 3. According to the petitioner, he is not the borrower and also not the guarantor for the loan and yet, his property which is shown as item Nos.1 and 2 in the sale notice, is sought to be sold in the auction by the bank. But to ascertain whether the said item Nos.1 and 2 of the sale notice, are part of the secured asset or not, the petitioner did not produce the memorandum of deposit of title deed which contains all the details relating to the secured assets. So, it is not possible at this stage to ascertain prima facie whether item Nos.1 and 2 of the sale notice are the secured assets or not. 4. Be that as it may, even otherwise, the petitioner has got an efficacious remedy of approaching the Debts Recovery Tribunal, Visakhapatnam under Section 17 of the SARFAESI Act, if he intends to challenge the said notice on the aforesaid ground. The expression >any person? used in Section 17 of the SARFAESI Act takes within its fold every person even other than the principal debtor and the guarantor as per the settled law. Therefore, if at all, he is aggrieved by the said sale notice, he has to approach the Debts Recovery 6 Tribunal, Visakhapatnam challenging the said notice for redressal of his grievance. So, in the said facts and circumstances, we are not inclined to interfere and to entertain the present writ petition. 5. Therefore, the Writ Petition is disposed of with a direction to the petitioner to approach the Debts Recovery Tribunal, Visakhapatnam, for redressal of his grievance. In case, it is found that the property of the petitioner is erroneously included in the sale notice and it is also sold in the auction which is scheduled to be held today, the Debts Recovery Tribunal, Visakhapatnam shall pass appropriate orders, according to law, to protect the interest of the petitioner, if it is established before it that his property is not the secured asset. There shall be no order as to costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 19.11.2025 ARR 7 46 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 32334/2025 Date: 19.11.2025 ARR