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2025 DAILYLAW 52099 (AP)

SRINIVASA RAO v. THE RESERVE BANK OF INDIA

WP/20979/2025 · 2025-11-12

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2025

Judgment text

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APHC010411242025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 20979/2025 Between: 1. SRINIVASA RAO, S/O M.RAGHAVAYYA AGED ABOVE 55 YEARS, OCC AGRICULTURE, D.NO.3 PEDAKURAPADU MANDAL, GUNTUR. 2. VIJAYA MALLESWARI MAARTHALA,, W/O AGED ABOVE 45 YEARS, OCC HOUSE WIFE, D.NO.3 LAGADAPADU VILLAGE, PEDAKURAPADU MANDAL, GUNTUR. 1. THE RESERVE BANK OF INDIA, REP BY ITS GOVERNOR, D.NO. 6 1-56, AG OFFICE ROAD SAIFABAD, KHAIRATABAD, HYDERABA TELANGANA-04. 2. NIWAS HOUSING FINANCE PRIVATE LIMITED, (FORMERLY KNOWN AS INDOSTAR HOME FINANCE PVT. LTD.,) REP. BY ITS AUTHORIZED OFFICER CUM GPA HOLDER, MR. KAGITHA KISHORE, S/O. SANKARA RAO, AGED 44 YEARS. BRANCH OFFICE AT D.NO.55-1-23/B, 1ST AUTONAGAR, VIJAYAWADA. 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 topleased to Issue a IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 20979/2025 SRINIVASA RAO, S/O M.RAGHAVAYYA AGED ABOVE 55 YEARS, OCC AGRICULTURE, D.NO.3-95, LAGADAPADU VILLAGE, PEDAKURAPADU MANDAL, GUNTUR. VIJAYA MALLESWARI MAARTHALA,, W/O M. SRINIVASA RAO AGED ABOVE 45 YEARS, OCC HOUSE WIFE, D.NO.3 LAGADAPADU VILLAGE, PEDAKURAPADU MANDAL, GUNTUR. ...PETITIONER(S) AND THE RESERVE BANK OF INDIA, REP BY ITS GOVERNOR, D.NO. 6 56, AG OFFICE ROAD SAIFABAD, KHAIRATABAD, HYDERABA NIWAS HOUSING FINANCE PRIVATE LIMITED, (FORMERLY KNOWN AS INDOSTAR HOME FINANCE PVT. LTD.,) REP. BY ITS AUTHORIZED OFFICER CUM GPA HOLDER, MR. KAGITHA KISHORE, S/O. SANKARA RAO, AGED 44 YEARS. BRANCH OFFICE 23/B, 1ST FLOOR, BESIDE INDIAN OIL, AUTONAGAR, VIJAYAWADA. ...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 topleased to Issue a Writ, Order or Direction, more particularly in the IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE THIRTEENTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA SRINIVASA RAO, S/O M.RAGHAVAYYA AGED ABOVE 55 YEARS, 95, LAGADAPADU VILLAGE, M. SRINIVASA RAO AGED ABOVE 45 YEARS, OCC HOUSE WIFE, D.NO.3-95, LAGADAPADU VILLAGE, PEDAKURAPADU MANDAL, GUNTUR. ...PETITIONER(S) THE RESERVE BANK OF INDIA, REP BY ITS GOVERNOR, D.NO. 6- 56, AG OFFICE ROAD SAIFABAD, KHAIRATABAD, HYDERABAD, NIWAS HOUSING FINANCE PRIVATE LIMITED, (FORMERLY KNOWN AS INDOSTAR HOME FINANCE PVT. LTD.,) REP. BY ITS AUTHORIZED OFFICER CUM GPA HOLDER, MR. KAGITHA KISHORE, S/O. SANKARA RAO, AGED 44 YEARS. BRANCH OFFICE FLOOR, BESIDE INDIAN OIL, ...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 Writ, Order or Direction, more particularly in the 2 CMR,J & GTK,J W.P.No.20979 of 2025 nature of Mandamus or any other appropriate Writ, declaring the action of the Respondents in proceeding with the auction of the Petitioners residential property as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India and in violation of the mandatory provisions of the SARFAESI Act and the principles of natural justice and consequently,Set aside the auction sale dated on 8.8.2025 for the sale of petitioners property D.NO.88/1, out of ac.3-18 cents extension of 144- 2 sq.yards, Lagadapadu, pedakurapadu, palnadu District, 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 may to Stay all further proceedings including the proposed auction scheduled on 08.08.2025 in respect of the Petitioner's residential property, pending disposal of the present Writ Petition, and pass Counsel for the Petitioner(S): 1. KORAMUTLA SALINI Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.20979 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) There is no representation on behalf of the petitioners today also, when the matter is called out. Their counsel, Ms. K.Salini, is also not present. As can be seen from the record, the petitioners are not turning up for hearing in this matter, which is coming on for admission from the inception. The petitioners are not turning up for hearing continuously, which is evident from the record. Therefore, it is evident that the petitioners are not evincing interest to pursue the writ petition. So, we are not inclined to further adjourn the matter. 2. Therefore, this Writ Petition is dismissed for non-prosecution. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 13.11.2025 MDP