APHC010551042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR ^ n m .O AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI X WRIT PETITION NO: 28408 OF 2025 Between: *. 1. Mandapati Partasarathi, S/o Late Ramachandra Rap, Aged about: 54 Years, Occ; Agriculture, R/o Akkampeta Village, Jangareddygudem Mandal, West Godavari District. 2. Mandapati Komali Koteswari, @ Koteswari, Aged about: 47Years, Occ:Agriculture, R/o Akkampeta Village, Jangareddygudem Mandal, West Godavari District. ...Petitioners AND Union Bank of India, Rep by its Authorised Officer, Kamayyapalem Branch, Kamayyapalem, Jeelugumalli Mandal, West Godavari District -534456. ...Respondent 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 be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus the action of the respondent/Bank in declaring thp loan account of the petitioner as NPA and the petitioners was shocked to may receive a demand notice dated 03.04.2021 under section 13(2) of the SARFAESI Act and the possession notice on 19.06.2021 and notice under section 13(4) of the SAREAESI Act oq 05.04.2022 consequently issuing sale notice on 23.09.2025 under provision to Rule 8(6) and 9(1) by fixing the auction on 15.10.2025 for sale of properties belong to petitioners i.e., ( 1.) A •V vacant residential site of extent 390 Sq. Yds covered under R.S.No;133, bearing its nearest door No. 16-1-3 (Old door No. 24-68), in the village of Janagareddygudem, Jangareddygudem Mandal, West Godavari bounded by East 65 feet site of kurella Varalakshmi etc. West: 65 feet site and house of bahdaru ganaraju, M.komali koteswari etc. North 55 feet compound wall of Tatavarthy chalamayya South: 53 feet panchayati road (property description as specified in the sale deed Doc No. 5085/2013 dated 11.12.2013 belonging to Mr. Mandapati parthasarathi - Petitioner No. 1) (2.) A vacant residential site of extent 331.50 Sq.yds covered under R.S. No. 283/1, bearing its nearest door No. 24-68 (20-6-15), in the village of Jangareddygudem, Jangareddygudem Mandal, West Godavari District, bounded by East 57 feet site of Lanka lalitha Devi, West 60 feet road 4 yards width. North 5'6.6 feet road 6 yards width , South 45.6 feet site of Veerranki Raju (property description as specified in the sale deed Doc No. 1088 of 2010 dated 1.02.2010 belonging to Mrs. Mandapatikomail Koteswari @ Mandapati Koteswari - Petitioner No. 2) - (3.) A vacant residential site of extent 125 Sq. Yds covered under R.S. No 283/1, bearing its nearest door No. 24-68 (20-6- 16) in the village of Janagareddygudem, Jangareddygudem Mandal,West Godavari District, bounded by East 51 feet site of self West 51 feet site of Mandapati Komali Koteswari, North 22.1 feet way 6 yards width. South 21.1 feet house of nunna Krishna Rao (property description as specified in the sale deed Doc No. 6844/2010 dated 18.10.2010 Mrs. Mandapatikomail Koteswari @ Mandapati Koteswari - Petitioner No. 2). - (4.) A vacant residential site of extent 96 Sq. Yds covered under R.S. No 283/1, bearing its nearest door No.24-68 (20-617), in the village of Janagareddygudem, Jangareddygudem Mandal, West Godavari District, bounded by East 51 feet site of Kunchada District, Chamundeswari, West 51 fdet site of self, North 14 feet way 6 yards width, South 21.1 feet house of Nunna Krishna Rao (property description as specified in the sale deed Doc No. 6485/2010 dated 18.10.2010 belonging to Mrs. Mandapatikomail Koteswari Mandapati Koteswari - Petitioner No. 2) - (5.) A vacant residential site of extent 54.00 Sq. Yds covered under R.S.No bearing its nearest door No.4-21 (20-6-18), in the village of Janagareddygudem, Jangareddygudem Mandal, West Godavari District, bounded by East 16 feet site of kurella Varalakshmi and rambabu. West 12 feet buttaigudem North 34 feet site and shops of Kurella Vara Lakshmi and Ram Babu, South 35.6 feet description as specified in the sale deed 04.07.2007 belonging to Mrs.Mandapati komail koteswari @ Mandapati koteswari - Petitioner No. 2) is illegal, arbitrary, violative of Articles 14, 19(l)(g) and 21 of the Constitution of India, besides violative of principles of natural justice and consequently direct the respondent-Bank not to take any coercive steps against the petitioners and the subject properties. 133 site of Bandaru Ganga Raju. 133 site of Bandaru Ganga Raju. (Property Doc No. 2574/2007 dated 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 High Court may be pleased to direct the respondent Bank not to take any coercive step3 against the petitioner and the Mortgage properties, pending disposal of the Writ Petition. Counsel for the Petitioners:SRI VUYYURU LAKSHMANA RAO Counsel for the Respondent: MS V DYUMANI, SC OF UBI The Court made the following order: 0 APHC010551042025 [0] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 28408 of 2025 Mandapati Partasarathi and Others ...Petitioner(s) Vs. Union Bank Of India ...Respondent ********** Advocate for Petitioners: Mr. Tata Singaiah Good appearing vice Mr.Vuyyuru Lakshmana Rao Mrs. V. Dyumani, Standing Counsel Advocate for Respondent; CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 14**^ October 2025 PC: The petitioners claim that they are already before the Debts Recovery Tribunal by way of S.A. Nos.602 & 603 of 2025 along with an application for interim protection. The matters are listed before the Debts Recovery Tribunal on 28.10.2025. It is stated that in case the secured assets, which are mortgaged with the Bank, are not protected pending the disposal of the I.A., the Securitization Applications themselves will be rendered infructuous. %\ 2 HCJ a RC, J W.P. No: 28408 of 2025 Therefore, we dispose of this petition with a direction to the Debts Recovery Tribunal to pass appropriate speaking orders in Interlocutory Applications filed seeking interim protection in S.A. No.602 & 603 of 2025 on the next date of hearing, which is on 28.10.2025. Learned counsel for the respondents shall file its objections in the meantime with an advance copy to the learned counsel for the petitioners. Till such time as the appropriate orders are passed, the possession of the petitioners over the secured assets shall not be disturbed. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to SRI. VUYYURU LAKSHMANA RAO, Advocate [OPUC] One CC to MS V DYUMANI, SC OF UBI [OPUC] Three CD Copie 2. 3. PRK HIGH COURT DATED:14/10/2025 ORDER WP NO. 28408 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS