APHC010677312025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 35207/2025 Between: 1. AMARA CHUDAMANI VENKATA SATYA SRUTHI, D/O. AMARA VENKATESWARLU, AGED ABOUT 17 YEARS, OCC STUDENT, R./O. D.NO. 3-29-104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. 2. 2. AMARA RAJEEV VENKATA ADITHYA GUPTA, S/O. AMARA VENKATESWARLU, AGED ABOUT 15 YEARS, OCC STUDENT, R./O. D.NO. 3-29-104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. 1ST AND 2ND PETITIONERS BEING MINORS REPRESENTED BY THEIR MOTHER AMARA LAKSHMI SOWJANYA, W/O. A VENKATESWARLU, AGED ABOUT 48 YEARS, OCC HOUSEWIFE, R./O. D.NO. 3-29-104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. 3. AMARA SREE PRATEEK,, S/O. AMARA VENKATA SIVA RATNA KUMAR, AGED ABOUT 13 YEARS, OCC STUDENT, R./O. D.NO. 3 29-104/A/2, KRISHNA NAGA 4. AMARA VENKATA SREE JOSHIKA,, D/O. AMARA VENKATA SIVA RATNA KUMAR, AGED ABOUT 5 YEARS, OCCSTUDENT, R./O. D.NO. 3-29-104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. 3RD AND 4TH PETITIONERS BEING MINORS REPRESENTED BY THEIR MOTHER 5. AMARA VENKATA SIVA RATNA .KUMAR,, S/O. LATE AMARA SATYANARAYANA MURTHY, AGED ABOUT 44 YEARS, OCC BUSINESS, R./O. D.NO. 3 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 35207/2025 AMARA CHUDAMANI VENKATA SATYA SRUTHI, D/O. AMARA VENKATESWARLU, AGED ABOUT 17 YEARS, OCC STUDENT, 104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. 2. AMARA RAJEEV VENKATA ADITHYA GUPTA, S/O. AMARA VENKATESWARLU, AGED ABOUT 15 YEARS, OCC STUDENT, 104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. 1ST AND 2ND PETITIONERS BEING MINORS REPRESENTED BY THEIR MOTHER AMARA LAKSHMI SOWJANYA, W/O. A VENKATESWARLU, AGED ABOUT 48 YEARS, OCC HOUSEWIFE, 104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. AMARA SREE PRATEEK,, S/O. AMARA VENKATA SIVA RATNA KUMAR, AGED ABOUT 13 YEARS, OCC STUDENT, R./O. D.NO. 3 104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. 4. AMARA VENKATA SREE JOSHIKA,, D/O. AMARA VENKATA SIVA RATNA KUMAR, AGED ABOUT 5 YEARS, OCCSTUDENT, R./O. 104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. 3RD AND 4TH PETITIONERS BEING MINORS REPRESENTED BY THEIR AMARA VENKATA SIVA RATNA .KUMAR,, S/O. LATE AMARA SATYANARAYANA MURTHY, AGED ABOUT 44 YEARS, OCC BUSINESS, R./O. D.NO. 3-29-104/A/2, KRISHNA NAGAR, 1ST LINE, IN THE HIGH COURT OF ANDHRA PRADESH [3558] MONDAY,THE TWENTY SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA AMARA CHUDAMANI VENKATA SATYA SRUTHI, D/O. AMARA VENKATESWARLU, AGED ABOUT 17 YEARS, OCC STUDENT, 104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. 2. AMARA RAJEEV VENKATA ADITHYA GUPTA, S/O. AMARA VENKATESWARLU, AGED ABOUT 15 YEARS, OCC STUDENT, 104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. 1ST AND 2ND PETITIONERS BEING MINORS REPRESENTED BY THEIR MOTHER AMARA LAKSHMI SOWJANYA, W/O. AMARA VENKATESWARLU, AGED ABOUT 48 YEARS, OCC HOUSEWIFE, 104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. AMARA SREE PRATEEK,, S/O. AMARA VENKATA SIVA RATNA KUMAR, AGED ABOUT 13 YEARS, OCC STUDENT, R./O. D.NO. 3- AMARA VENKATA SREE JOSHIKA,, D/O. AMARA VENKATA SIVA RATNA KUMAR, AGED ABOUT 5 YEARS, OCCSTUDENT, R./O. 104/A/2, KRISHNA NAGAR, 1ST LINE, GUNTUR. 3RD AND 4TH PETITIONERS BEING MINORS REPRESENTED BY THEIR AMARA VENKATA SIVA RATNA .KUMAR,, S/O. LATE AMARA SATYANARAYANA MURTHY, AGED ABOUT 44 YEARS, OCC 104/A/2, KRISHNA NAGAR, 1ST LINE, 2 GUNTUR. ...PETITIONER(S) AND 1. THE AUHTORISED OFFICER, PRIDHVI ASSET RECONSTRUCTION AND SECURITISATION COMPANY LIMITED, D.NO. 1-55, RAJA PRAASADAMU, 4TH FLOOR WING - 1, MASJID BANDA ROAD, KONDAPUR, HYDERABAD - 500084. 2. 2. THE BRANCH MANAGER, KARUR VYSYA BANK, ZINNA TOWERS CENTRE, MAIN ROAD, GUNTUR - 522001 ...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 one in the nature of Writ of Mandamus declaring the auction/sale notice dated 29.11.2025, in relation to item. No.1 of the description of properties, and all further proceedings under Section 14 of the SARFAESI Act as illegal, arbitrary, unconstitutional, and consequently direct the respondents to forthwith drop the said proceedings, and pass s 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 leased to stay all further steps pursuant to the sale notice dated 29.11.2025, including the proposed e-auction on 08.01.2026, and all actions pursuant to Section 14 of the SARFAESI Act, pending disposal of the above writ petition; and pass Counsel for the Petitioner(S): 1. M.CHARULATHA Counsel for the Respondent(S): 1. 3 The Court made the following: ORDER:- (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. 2. Challenging the measures initiated by the respondent-bank under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”) for realization of the loan amount from the principal borrower, the present writ petition has been filed. 3. In fact, the petitioners have already approached the Debts Recovery Tribunal, Visakhapatnam by way of filing a Securitisation Application in S.A.No.301 of 2023 before the Debts Recovery Tribunal, Visakhapatnam challenging the said measures. Stay petition filed by them earlier seeking stay of taking possession of the property was disposed of before the Debts Recovery Tribunal, Visakhapatnam as infructuous. Thereafter, when the auction notice was issued, again instead of filing a stay application before the Debts Recovery Tribunal, Visakhapatnam in the pending S.A.No.301 of 2023, the writ petitioners have approached this Court by way of filing this writ petition. Therefore, we are not inclined to interfere in the matter to entertain the writ petition. 4. Therefore, the Writ Petition is disposed of with a direction to the petitioners to approach the Debts Recovery Tribunal, Visakhapatnam and 4 seek remedy by way of filing appropriate application in the pending S.A.No.301 of 2023. There shall be no order as to costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 22.12.2025 ARR 5 21 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 35207/2025 Date: 22.12.2025 ARR