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2025 DAILYLAW 48982 (AP)

Malta Raghuram, v. The State Bank of India,

WP/11997/2025 · 2025-05-05

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH ;; AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICe'^''^^ AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITIONNO: 11997 OF 2025 Between: Matta Raghuram, S/o. Kasiviswandha Rao, aged about 45 years, R/o. H.No.2-12^1, Bethupalli, Sathupally -507303, presently resident at D.No. 15/93, 2 Floor, Dwarakamai Nilayam, Kommanuru, PrasadamPadu Vijayawada, Krishna District. ...Petitioner AND 1. The State Bank of India, Rep. by its Authorized Officer, RASME-2205, R/o. D.No. 15-8-210/1, Opp Khanapuram Haveli Police Station Srinagar Colony, Wyra Road, Khammam-507002. 2. The Debts Recovery Tribunal, Rep. by its Registrar, 31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam- 530020. Visakhapatnam, Visakhapatnam District. ...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 order or direction more particularly in the nature of writ of Mandamus or any Appropriate Writ by declaring the inaction of the 2nd Respondent in not deciding the I.A.No. 1504 of 2025 in S.A.No. 192 of 2025 and the action of the 1st Respondent/Bank in making attempts to take over the Possession of the Properties Mortgaged to the bank and to Proceed with the Auction on 13.05.2026 is illegal, contrary to Principles of Natural Justice, consequently to direct the 1®* Respondent not to take the Possession of the Mortgaged Properties, not to conduct the Auction of the « ' Properties, till the I.A.No. 1504 of 2025 in S.A.No. 192 of 2025, before the Hon'ble DRT, Visakhapatnam is decided. lA 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 to direct the 1®‘ Respondent not to take the Possession of the Mortgaged Properties, not to conduct the Auction of the Properties, till the I.A.No. 1504 of 2025 in S.A.No. 192 of 2025, before the Hon'ble DRT, Visakhapatnam is decided, pending disposal of the above writ petition. Counsel for the Petitioner: Ms. SHEIKH NEHA HASSAN FOR SRI NAGA RAJU KOLLATI Counsel for the Respondents: NONE The Court made the following order: APHC010240332025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-6 [3483] AT AMARAVATI WRIT PETITION NO: 11997 of 2025 Matta Raghuram ...Petitioner Vs. The State Bank of India and another ...Respondents ********** Advocate for Petitioner Ms. Sheikh Neha Hassan representing Sri Naga Raju Kollati None Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 6th May 2025 PC: The petitioner claims that he had already preferred a Securitization Application bearing S.A.No.192 of 2025 before the Debts Recovery Tribunal, Visakhapatnam (D.R.T.) along with an interim application for stay bearing I.A.No.1504 of 2025 on which no orders have been passed. It is stated that the matter was adjourned to 22.05.2025. It is stated that even when the petitioner had filed I.A.No.1507 of 2025 for preponing the date of hearing, no orders have been passed in the same. It is stated that in the meantime, steps have been taken by the State Bank of India to dispossess the petitioner from the premises in question. 2. 2 3. Considering the limited nature of controversy of the petitioner, dispose of this petition with a direction to the D.R.T. to pass appropriate orders on merits in I.A.No.1504 of 2025 in S.A.No.192 of 2025 preferably, within a period of four (4) weeks from today. In the meantime and till such time I.A.No.1504 of 2025 is considered, status quo be maintained with regard to the possession of the petitioner. No order as to costs. we Pending miscellaneous applications, if any, shall stand closed. STME°GfsTRAR //TRUE COPY// To, SECTION OFFICER lA/ Khanapuram Haveli Wyra Road, Khammam-507002. 2. The Registrar, Debts Recovery Tribunal Daba Gardens,’. Visakhapatnam- 530020. Visakhapatnam 3. One CC to Sri Naga Raju Kollati, Advocate 4. Two CD Copies . RASME-2205, R/o. D.No Police Station Srinagar Colony, 31-32-54, Chitralaya Road Jagadamba Junction, Visakhapatnam District. [OPUC] RAM HIGH COURT DATED:06/05/2025 ORDER WP.No.11997 of 2025 DISPOSING OF THE WP WITHOUT COSTS