CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED v. THE STATE OF ANDHRA PRADESH
WP/8465/2025 · 2025-05-05
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48899 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48899 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8465 OF 2025 Between: M/s. Cholamandalam Investment and Finance Company Limited, Rep. by its Authorized Officer Beeram Gangadharam S/o. Sivananda Rao Age45 years, Occ Employee, 0/o.#59-14-2A, 4th‘Floor, Santhi Plaza, Gayatri Nagar, Benz Circle, Vijayawada, NTR District, Andhra Pradesh-520008. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Stamps &, Registration, Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Commissioner and Inspector General of Registration & Stamps, KSR Park Road, Ward No.2, Tadepalli, Guntur District, Andhra Pradesh. 3. The District Registrar, O/o. the District Registrar, Panta Kaluva Rd, Maruti Colony, Patamata, Benz Circle, Vijayawada, Andhra Pradesh- 520008
4. The Sub-Registrar, Nunna Sub-Registrar Office, 0/o.#14-168/A, Nunna NTR District, Andhra Pradesh-521212. 5. Bujjibabu Pidiyala, S/o. Mbhah Babu, Age 36 years, Occ: Business, R/o. Plot No.4, Road No.1, 'Ppp Andhra Prabha Colony, NTR District, Andhra Pradesh-520015. 6. Nirmala Vellanki, W/0. Bujjibabu Pidiyala Age 36 years, Occ; Housewife, R/o. Plot No.4, Road No.1, Opp Andhra Prabha Colony, NTR District, Andhra Pradesh-520015. 7. Dola Rohini, W/o. Balaji, Age 39 years, Occ: Housewife, R/o. Kandrika, Vijayawada, NTR District, Andhra Pradesh. ...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 a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus - V ■ i. declaring the action of the 4th respondent in not registering the sale certificate dt. 14-03-2025 of the petitioner company under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest' Act, 2002 (SARFAESI Act, 2002/Act) in respect of the subject property situated in R.S.No.99/2A, Ambapuram Village, Ambapuram Gram Panphayat Area, Vijayawada Rural Mandal, NTR District, Andhra Pradesh on the pretext of the said property got included in the list of prohibited category in view of the order of attachment through notification dt.
14-03-2,022 pursuant to the order passed in lA No.62 of 2022 in OS No.28 of 2022 on the file of the Hon’ble III Additional Senior Civil Judge Vijayawada ignoring the fact that the petitioner company is having priority being the secured creditor as illegal, arbitrary, discriminative, non-application of rhind, opposed to doctrine of promissory estoppel and doctrine of legitimate expectation, contrary to the Memo NO.G1/E5831041/2022, dt.13-05-2022 of the 2nd respondent R/w. Section 26-E of the Act besides violative of Articles 14, 21 300- A of the Constitution of India and <■ , ii. consequently, direct the Ath respondent to register sale certificate dt. 14-03-2025 issued by the petitioner company in favour of the 7''^ respondent without reference to the fact that the schedule property is shown under prohibited category list in view of the attachment
order
passed in lA No.62 of 2022 in OS No.28 of 2022 on the file of the Hon’ble III Additional Senior Civil Judge Vijayawada.
lA NO: 1 OF 2025 / / Petition under Section 151i,CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to register sale certificate dt. 14-03- 2025 issued by the petitioner company in favour of the 7 respondent pursuant to the Memo No.G1/E5831041/2022, dt.13-05-2022 of the 2 respondent R/w. Section 26-E of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. nd Counsel for the Petitioner: SRI PEETA RAMAN Counsel for the Respondent Nos. 1 to 4: GP FOR REGISTRATION AND STAMPS Counsel for the Respondent Nos: 5 to 7: — The Court made the following: dFtDER
APHC010155922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8465/2025 Between: ...PETITIONER Cholamandalam Investment And Finance Company Limited AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.PEETA RAMAN Counsel for the Respondent(S):
1 ,GP FOR REGISTRATION AND STAMPS The Court made the following:
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8465/2025
ORDER: Heard learned counsel for the petitioner and learned counsel for the respondents. When the matter is taken up for hearing,
learned counsel for the petitioner submits that the cause in the present Writ Petition does not survive and no further adjudication is necessary in the present Writ Petition. Therefore, the Writ Petition becomes infructuous. Recording the said submission. Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed., Sd/- M SRINIVAS ASSISTANT^REGISTRAR //TRUE COPY// SE OFFICER To,
1. One CC to Sri Peeta Raman Advocate [OPUC]
2. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh. [OUT]
3. Three CD Copies TF
T HIGH COURT DATED:06/05/2025
ORDER g 11JUN m % to * Current oecuun . "y ’“SS^SPATCVt^-^ WP.No.8465 of 2025 DISMISSING THE W.P. AS INFRUCTUOUS, WITHOUT COSTS