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2025 DAILYLAW 50815 (AP)

CHOLAMANDALAM INVESTMENT AND FINANCE LIMITED v. THE STATE OF ANDHRA PRADESH

WP/6961/2025 · 2025-04-30

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ IN THE HIGH COURT OF ANDHRA PRADESH:lAMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6961 OF 2025 Between: Cholamandalam Investment and Finance Limited, Rep. by its Authorised Signatory Chaitanya Kumar, having its Regd Office at Chola Crest, C54-55 86 Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 600032, Branch Office at 59-14-24, 1st Floor, Shanthi Plaza, Gayathri Nagar, Near Benz Circle, Vijayawada-520010. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Endowments Department, Secretariat, Velagapudi, Guntur District, A.P. 2. The State of AP, rep. by its Principal Secretary Registrationand Stamps Department, Secretariat, Velagapudi, Guntur District, A.P. 3. The District Collector, Eluru District, Eluru-534001, A.P. . 4. The Commissioner of Endowments, Endowments Department, 0pp. 'S' Grand Restaurant, One Center, Gollapudi, Vijayawada -521225, A.P 5. The District Registrar, Eluru District, Eluru, A.P. 6. The Joint Sub-Registrar, Kamavarapukota, Eluru District, A.P. 7. The Tahsildar, Kamavarapukota Mandal, Kamavarapukota, Eluru District, A.P. 8. The Revenue Divisional Officer, Eluru District, Eluru, A.P. 9. Krishna Murthy Vankadara, R/o. D.No. 9-2-265/1 Hospital Street, J.R. Gudem-534447 Chidambaram ...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 pass an order to issue writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondents 3 86 4 in not acting upon the Representation Dt. 18.11.2024 as illegal, arbitrary and violation of Principles of Natural Justice and direct the Respondents 2 86 3 to lift Sec. 22A objection over the property in Survey No. R.S. 497/17 and 497/26, Kamavarapukota Gram Panchayat and Mandal and consequently direct Respondents 5 to 8 to facilitate for registration of the Sale Certificate in favor of the auction purchaser in the interest of justice and equity 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 issue a direction to the Respondents 3 86 4 to consider the Representation Dt. 18.11.2024 given by the Petitioner Company in the interest of justice and equity Counsel for the Petitioner: SRI KUNUKU RAJA SEKHAR Counsel for the Respondent No.1: GP FOR ENDOWMENTS Counsel for the Respondents No.2, 5, 6: GP FOR REGISTRATION AND STAMPS Counsel for the Respondents No.3, 7, 8: GP FOR REVENUE The Court made the following: Order APHC010134002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6961/2025 Between: Cholamandalam Investment And Finance Limited ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KUNUKU RAJASEKHAR Counsel for the Respondent(S): 1 .GP FOR ENDOWMENTS 2.GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER:- Heard Sri Kunuku Raja Sekhar, learned counsel for the petitioner, learned Government Pleader for Endowments and learned Government Pleader for Registration and Stamps. Challenging the inaction of the and 4*'^ respondents in passing appropriate orders on the representation of the petitioner dated 18.11.2024, the instant present writ petition is filed. The petitioner contends that the 9th respondent has availed of three loans from the petitioner company, but has defaulted on repaying the 2. 3. loan amount. Thus, the proceedings were initiated against the 9th respondent to recover the loan amount under the 2002. provisions of the SARFAESI Act, The subject property was put to public auction pursuant to the proceedings issued under the provisions of the SARFAESI Act, 2002. The petitioner proposed to execute the registered sale certificate, time, it is stated that it has been discovered that the subject enlisted under the prohibited list of properties under Section 22 Registration Act, 1908. Accordingly, the petitioner company has submitted representation dated 18.11.2024 to the authorities, seeking deletion of the property from the prohibited category of properties, but the same has not been disposed of till now. It is argued that more than a year has passed since the At that point of property was (A) of the the successful bidder deposited the auction amount but the sale certificate has been registered in the name of the auction purchaser. Having regard to the contentions advanced, this Court deems it appropriate to direct the 4''" respondent to pass appropriate orders on the representation of the petitioner dated 18-11-2024 within a period of two (2) months from the date of receipt of the order. It is further directed that the 4‘^ respondent shall provide sufficient opportunity to the petitioner to make their submissions. not 4. 5. With the above observations, the writ petition is disposed of. There shall be no order as to costs. ji 3 As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// \ To, 1. The Principal Secretary, State of Andhra Pradesh, Endowments Department, Secretariat, Velagapudi, Guntur District, A.P. 2. The Principal Secretary, State of Andhra Pradesh, Registration and Stamps Department, Secretariat, Velagapudi, Guntur District, A.P. 3. The District Collector, Eluru District, Eluru-534001, A.P . 4. The Commissioner of Endowments, Endowments Department, 0pp. 'S' Grand Restaurant, One Center, Gollapudi, Vijayawada -521225, A.P 5. The District Registrar, Eluru District, Eluru, A.P. 6. The Joint Sub-Registrar, Kamavarapukota, Eluru District, A.P. 7. The Tahsildar, Kamavarapukota Mandal, Kamavarapukota, Eluru District, A.Pyu\ ’ < * ; 8. The Revenue Divisional Officer, Eluru District, Eluru, A.P. 9. One CC to SRI KUNUKU RAJA SEKHAR Advocate [OPUC] 10. Two CCs toGP FOR ENDOWMENTS, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 13. Three CD Copies gsg A. HIGH COURT DATED: 01/05/2025 ORDER WP.No.6961 of 2025 DISPOSING THE WP WITHOUT COSTS