APHC010447612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) f' / V MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23183 OF 2Q2fi Between: Chellangi Gopi, S/o. Satyanarayana, Male, Age 37 years, R/o. D.No. 10-8- 44/A, Old super bazaar street, Chinnaranganpalem, Bhimavaram West Godavari District. 1 town. ...PETITIONER AND 1. The Aryapuram Co Operative Urban Bank Ltd, Bhimavaram Branch, Gode Sudhakar, S/o. Sriramulu Bhimavaram, West Godavari Rep. by its Secretary, Office at D.No.22-10-39, Tatavarty vari street. District. 2. The Authorized Officer, The Aryapuram Co-operative Urban Bank Ltd, BhimavaramBranch. 3. The Branch Manager, The Aryapuram Co-operative Urban Bank Lt^, Bhimavaram Branch. ...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 a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.1 to 3 in issuing possession notice dated 07.08.2025 pursuant to the account number vide MORT LOAN A/C.No.331 thereby threatening to take possession of property bearing D.No. 10-8-44/1, RCC Building in an extent of 217 Sq Yds in R.S.No.250/1 of Gunupudi Village, Bhimavaram Municipal Corporation for recovery of proceedings under SARFAESI Act ignoring the pending suit in O.S.No. 101/2022-23 on the file of Senior Inspector No.4, Arbitrator, The Aryapuram Co-operative Urban Bank Ltd No.3127, Rajamahendravaram as illegal, irregular, arbitrary and violation of the provisions of the Securitization And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act)and Rules framed there under and also offends Articles 14, 21 and 300-A of Constitution of India and consequentially quash the proceedings initiated by the respondent Nos.2 and 3 under Securitization And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the petitioners including possession notice dated 07.08.2025. 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 stay all further proceedings including taking physical possession and also conducting of the auction pursuant to the possession notice dated 07.08.2025 to the account of the petitioner MORT LOAN A/C.No.331 on the file of the O'"* respondent bank, pending disposal of the main writ petition. Counsel for the Petitioner: SRI MANGENA SREE RAMA RAO Counsel for the Respondents: M/S.VASAVI RATNA KUMARI DANDAMUDI The Court made the following APHC010447612025 IN THE HIGH COURT OF ANDHRA PRADESH Bench AT AMARAVATI Sr.No:-22 [3483] WRIT PETITION NO: 23183 of 2025 Chellangi Gopi ...Petitioner Vs. The Aryapuram Co Operative Urban Bank Ltd and Others ...Responclent(s) ****-k**-),icit Advocate for Petitioner: Advocate for Respondents: Mr. Mangena Sree Rama Rao Ms. Vasavi Ratna Kumari Dandamudi CORAM .THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 6*’’ October 2025 DATE PC : In view of the fact that Section 17 of the Securitisation and Security Interest Act of remedy by way of an application before can very well be availed by the petitioner, Reconstruction of Financial Assets and Enforcement of 2002, provides an effective alternate the Debts Recovery Tribunal, which we do not find any reason to interfere at this stage by invoking extraordinary jurisdiction considering the ratio of our the judgments rendered by the Apex Court in Radha Krishan Industries V. State of Himachal Pradesh 2 % [(2021) 6 see 771] and United Bank of India v. Satyawati Tondon [(2010) 8 see 110], The Writ Petition is, accordingly, disposed of with liberty to the petitioner to approach the appropriate forum. No costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Authorized Officer, The Aryapuram Co-operative Urban Bank Ltd, Bhimavaram Branch. 2. The Branch Manager, The Aryapuram Co-operative Urban Bank Ltd, Bhimavaram Branch. 3. One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC] 4. One CC to M/s. Vasavi Ratna Kumari Dandamudi, Advocate [OPUC] 5. Two CD Copies. ssb •• HIGH COURT DATED:06/10/2025 ORDER WP No. 23183 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS