APHC010539882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] THURSDAY,THE THIRTEENTH 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: 28333/2025 Between: 1. SUBRAMANYESWARA SWAMY RICE MILL, REP. BY ITS MG. PARTNER VUDATHA AGED ABOUT 58 YEARS, MARUTHI GUJANAGUNDIA, GUNTUR. RAJENDRA PRASAD, S/O. NARASAIAH, HINDU, NAGAR, MAIN ROAD, 2. VUDATHA RAJENDRA PRASAD, S/O. NARASAIAH, HINDU, AGED ABOUT 58 YEARS R/O.DOOR.NO.1-8-19, GUJANAGUNDIA, GUNTUR. ...PETITIONER(S) AND 1. KOTAK MAHINDRA BANK, REP. BY ITS AUTHORIZED OFFICER DR.NO.6-3- 1109/1 SOMAJIGUDA, 2ND FLOOR, NAVABHARATH CHAMBERS, RAJ BHAVAN ROAD HYDERABAD - 500 082, TELANGANA, INDIA. 2. KOTAK MAHINDRA BANK, VIJAYAWADA BRANCH, REP.BY ITS AUTHORIZED SIGNATORY, SITUATED AT DR.NO.29-4-19, KODANDARAMIREDDY STREET, REHAMAN PARK, OPP.WATER TANK. GOVERNOR PET, VIJAYAWADA - 520 002. 3. KOTAK MAHINDRA BANK, REGISTERED OFFICE, REP.BY ITS AUTHORIZED SIGNATORY SITUATED AT NO.27, BKC, C 27, G 2 BLOCK, BANDRA COMPLEX, BANDRA (EAST), MUMBAI - 400 051. ...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 to issue a Writ, Order or Direction, more particularly one in the nature of a writ of Mandamus, declaring the Sale Notice dated 12.09.2025 published in The New Indian Express and Praja Sakthi as illegal, arbitrary, void, and contrary to the provisions of the SARFAESI Act, 2002 and the Rules made thereunder, inasmuch as no statutory notices were issued to the legal heirs of Late Vudatha Peddanna and consequently set aside the said E-Auction-cum- Sale Notice dated 12.09.2025 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 to stay all further proceedings pursuant to the said Sale Notice date 12-09-2025, including the proposed e-auction scheduled on 16.10.2025, in respect of the mortgaged properties belonging to Subrahmanyeswara Swamy Rice Mill, Maruthi Nagar Road, Gujjanagundia, Guntur, pending disposal of this Writ Petition and Pass Counsel for the Petitioner(S): 1. KANADHI BHATLA SRINIVASA MURTHY Counsel for the Respondent(S): 1. P BADRINATH 3 The Court made the following ORDER: (Per Sri Justice Cheekati Manavendranath Roy) In this writ petition, the petitioners are assailing the sale notice dated 12.09.2025 issued for conducting auction on the ground that no notice was given to the legal representatives of the deceased borrower after his demise as required under law. 2. When the matter is taken up for hearing, Sri P.Bhadrinath, learned counsel appearing for the respondents, on instructions would submit that the proposed auction was not held as there are no bidders to participate in the auction. Therefore, he submits that if at all any fresh auction is held, they would follow the procedure prescribed under law by issuing notices to the legal representatives of the deceased borrower. 3. Learned counsel for the petitioner submits that recording the aforesaid submission of learned counsel for the respondents, the writ petition may be disposed of. 4. In view of the aforesaid submission made by learned counsel for the respondents as auction was not held for want of bidders and in view of the fact that the learned counsel for the respondents have undertaken to follow the procedure prescribed under law by issuing notices to the legal representatives 4 of the deceased borrower in case any fresh auction is held, nothing survives for adjudication in this writ petition. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ___________________________________ CHEEKATI MANAVENDRANATH ROY, J ________________________ TUHIN KUMAR GEDELA,J Dated 13.11.2025 KA 5 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 28333/2025 Dated 13.11.2025 KA