APHC010390292025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT PETITION NO: 19880/2025 Between: 1. CHALLA ROSHANAMMA, W/O VENKAIAH, AGED ABOUT 75 YEARS, DOOR NO. 2-372, CHIMPIRI NAIDU KALAVAKATTA, WEST GUDURU VILLAGE, GUDURU MUNICIPALITY, GUDURU MANDAL, SPSR NELLORE DISTRICT. 1. THE UNION OF INDIA, REP.BY ITS PRINCIPAL SECRETARY, MINISTRY OF FINANCE, NEW DELHI. RESPONDENT NO.1 WAS DELETED FROM THE ARRAY OF RESPONDENTS AS PER C.O.DT.07.08.2025. 2. M/S AADHAR HOUSING FINANCE LIMITED, REP.BY ITS MANAGING DIRECTOR, CORPORATE OFFICE 802 NATARAJ BYE RUSTHUMJI, VESTERN EXPRESS HIGHWAY, SIR M.V.ROAD, ANDHERI EAST, MUMBAI., MAHRASHTRA. 3. M/S AADHAR HOUSING FINANCE LIMITED, REP.BY ITS BRANCH MANAGER AND AUTHORIZED OFFICER, THUMULURI JAYENDRA BHASKAR, 2ND FLOO 140, BEHIND VENKATA RAMANA HOTEL, POGATHOTA, NELLORE. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Cour IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE SEVENTH 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: 19880/2025 CHALLA ROSHANAMMA, W/O VENKAIAH, AGED ABOUT 75 YEARS, 372, CHIMPIRI NAIDU KALAVAKATTA, WEST GUDURU VILLAGE, GUDURU MUNICIPALITY, GUDURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND THE UNION OF INDIA, REP.BY ITS PRINCIPAL SECRETARY, MINISTRY OF FINANCE, NEW DELHI. RESPONDENT NO.1 WAS DELETED FROM THE ARRAY OF RESPONDENTS AS PER C.O.DT.07.08.2025. M/S AADHAR HOUSING FINANCE LIMITED, REP.BY ITS MANAGING RECTOR, CORPORATE OFFICE 802 NATARAJ BYE RUSTHUMJI, VESTERN EXPRESS HIGHWAY, SIR M.V.ROAD, ANDHERI EAST, MUMBAI., MAHRASHTRA. M/S AADHAR HOUSING FINANCE LIMITED, REP.BY ITS BRANCH MANAGER AND AUTHORIZED OFFICER, THUMULURI JAYENDRA BHASKAR, 2ND FLOOR, PABOLU PLAZA, NEW DOOR NO. 16 140, BEHIND VENKATA RAMANA HOTEL, POGATHOTA, NELLORE. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Cour IN THE HIGH COURT OF ANDHRA PRADESH [3558] FRIDAY,THE SEVENTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA CHALLA ROSHANAMMA, W/O VENKAIAH, AGED ABOUT 75 YEARS, 372, CHIMPIRI NAIDU KALAVAKATTA, WEST GUDURU VILLAGE, GUDURU MUNICIPALITY, GUDURU MANDAL, ...PETITIONER THE UNION OF INDIA, REP.BY ITS PRINCIPAL SECRETARY, MINISTRY OF FINANCE, NEW DELHI. RESPONDENT NO.1 WAS DELETED FROM THE ARRAY OF RESPONDENTS AS PER M/S AADHAR HOUSING FINANCE LIMITED, REP.BY ITS MANAGING RECTOR, CORPORATE OFFICE 802 NATARAJ BYE RUSTHUMJI, VESTERN EXPRESS HIGHWAY, SIR M.V.ROAD, ANDHERI EAST, M/S AADHAR HOUSING FINANCE LIMITED, REP.BY ITS BRANCH MANAGER AND AUTHORIZED OFFICER, THUMULURI JAYENDRA R, PABOLU PLAZA, NEW DOOR NO. 16-4- 140, BEHIND VENKATA RAMANA HOTEL, POGATHOTA, NELLORE. ...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 2 CMR,J & GTK,J W.P.No.19880 of 2025 pleased topleased to issue a WRIT OF CERTIORARI any other appropriate Writ, Order or direction calling for the records and Quash the proceedings of the Honble Chief judicial Magistrate at SPSR Nellore District, passed in CrI MP No 57/2025 in CF No 59/2025 as illegal, arbitrary, violative of Article 14, 21 and 300A of Constitution of India apart of being violative of principles of Natural Justice and consequently directing the Respondent No.1 to make an enquiry with regard to the forging of signatures of the Petitioner and thereby creating the Loan Agreement and proceeding under SARFAESI and take appropriate action against the Respondents No 2 to 3 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 Pleased to dispense with the filing of the Certified Copy of the Orders in CrI.M.P. No 57 of 2025 in C.F.No. 59 /2025 passed by the Hon’ble Chief Judicial Magistrate, at Nellore, dt: 25.06.2025 appointing the Advocate- Commissioner and pass IA NO: 2 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 pleased to Stay of the Operation of the Orders in CrI.M.P. 57 of 2025 in C.F.No. 59 /2025 passed by the Hon’ble Chief Judicial Magistrate, at Nellore dt: 25.06.2025 pending disposal of the main Petition and pass Counsel for the Petitioner: 1. CH MARKONDAIAH Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.19880 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard the learned counsel for the petitioner. 2. A person by name Challa Parandhamaiah, who is the son of the petitioner herein, is the principal borrower, who availed loan from respondent No.2-M/s. Aadhar Housing Finance Limited. The petitioner, who is the original owner of the property in question has executed a gift deed in favour of her son, who is the principal borrower and by virtue of the said gift deed executed in his favour, he became the absolute owner of the said property. He has mortgaged the said property as a principal borrower as a security for the loan availed by him to respondent No.2. As he committed default in re-payment of the loan amount, respondent No.2 has initiated proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’). Challenging the said proceedings initiated under the SARFAESI Act by respondent Nos.2 and 3, the petitioner has filed this writ petition. 3. The petitioner is not the borrower and she is no way concerned with the SARFAESI proceedings initiated against the principal borrower. Alleging that her signature is forged in the loan agreement as a co-obligator that the SARFAESI proceedings are initiated against the principal borrower, she is seeking to challenge the impugned proceedings. When the petitioner is not the owner of the property in question and as no proceedings are initiated 4 CMR,J & GTK,J W.P.No.19880 of 2025 against her, she cannot challenge the said proceedings initiated under the SARFAESI Act and it is for the principal borrower against whom the proceedings are initiated and whose property is sought to be taken possession is the proper person, who has to challenge the said proceedings, if he feels aggrieved by the same. He has no grievance and he has not come before the Court challenging the said proceedings. Therefore, it is obvious that the petitioner is set up to challenge the said proceedings without the principal borrower coming forward to challenge the said proceedings. So, in the said facts and circumstances, we are not inclined to interfere in the matter and to entertain this writ petition. 4. Therefore, the Writ Petition is dismissed. 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: 07.11.2025 MDP