IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSANDAND TWENTYFIVE PRESENT HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 2428 OF 2025 Between: Gajayalli Satyanarayana, S/o. Venkateswarlu, Aged about 55 years, R/o. Flat No. 101, Brundavan Apartments, Saibaba Road, Rind Road, Guntur, Guntur District. ...PETITIONER AND 1. The Indian Bank, Rep. by its Authorized officer, 0/o.D.No 10-1-1 1st Line, Sambasivapet, Naaz Center, Guntur - 522 001. 2. The Debt Recovery Tribunal, Rep. By its Registrar, 31-32-54, Chitralaya Road Near Leelamahal Road, Daba Gardens, Jagadamba Junction Visakhapatnam, Andhra Pradesh -530 020 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ order or direction more particularly in the nature of writ of Mandamus or any Appropriate Writ by declaring the inaction of the 2nd Respondent in not deciding the I.A.No.3298 of 2024 in S.A.No.448 of 2024 and the action of the 1®* Respondent Bank in making attempts to take over the Possession of the Cold Storage situated i.e.. Schedule property No.2 land and buildingsituated measuring an extent of 7260 Sq.Yards vide Assessment No.385 in R.S.No.291 Sub Division No.291/IA situated in Dupadu Village, Kesineni Gram Panchayat, Tripurantakam Mandal, Markapuram SRO, Prakasam District., as per the orders of the may Chief Judicial Magistrate-Cum-Principal Senior Civil Judge at Ongole in Crl.M.P.NoJI2 of 2024, through the Advocate commissioner by issuing a public notice dated 28.01.2025 through print media directing to remove the stock with in short period is illegal, contrary to Principles of Natural Justice, consequently to direct the Respondent not to take Possession of the aforementioned property, till the LA.No.3298 of 2024 in S.A.No.448 of 2024, before the Hon'ble DRT, Visakhapatnam is decided. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 1®* Respondent Bank not to take Possession of the Cold Storage i.e. Schedule property No.2 land and building measuring an extent of 7260 Sq.Yards vide Assessment No.385 in R.S.No.291 Sub Division N0.291/1A situated in Dupadu Village, Kesineni Gram Panchayat, Tripurantakam Mandal, Markapuram SRO, Prakasam District., till the I.A.No.3298 of 2024 in S.A.No.448 of 2024 before the Hon'ble DRT, Visakhapatnam is decided. Counsel for the Petitioner: SRI S. DILIP JAVA RAM Counsel for the Respondents: NONE APPEARED The Court made the following: ORDER APHC010048242025 Bench Sr.No.LM-1 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI iP 0^ WRIT PETITION NO: 2428 of 2025 Gajavalli Satyanarayana ...Petitioner Vs. The Indian Bank and others ...Respondents Advocate for Petitioner: Mr. S. Dilip Jaya Ram Advocate for Respondent: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : January, 2025. DATE P C : The petitioner claims that even when he has approached the D.R.T. Visakhapatnam by way of S.A.No.448 of 2024 and also sought interim relief by way of I.A.No.3298 of 2024, for staying the operation of the impugned proceedings initiated under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and even when the S.A. was filed as early as on 05.09.2024, no order has yet been passed in the I.A. and in the meantime, steps have been taken by way of a public notice, dated 28.01.2025, for taking over the physical possession of the secured asset, which, if executed, it is stated would render the S.A. before the D.R.T. academic and Lnfructuous. 2 HCJ & RRRJ WP 2428 2025 2. Reliance was placed upon an order passed by this Court in W.P.No.26212 of 2024. 3. The present writ petition is disposed of with a direction to the D.R.T. Visakhapatnam to dispose of the I,A. Till such time as appropriate orders are passed status quo be maintained with regard to the secured asset. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTR^a^ SECTION OFFICER //TRUE COPY// To. officer, Indian Bank, 0/o.D.No 10-1-1 Line Sambasivapet, Naaz Center, Guntur - 522 001. NeIaeefamahafRoart‘^n''1!'' 31-32-54, Chitralaya Road 3. One CC to Sri S. Dilip Jaya Ram, Advocate [OPUC] 4. Three C.D. Copies. Cnr ▼ «lii^ HIGH COURT DATED:30/01/2025 ORDER WP.No.2428 of 2025 ^ 0 3 FEB 2C25 1 . Current Section ^ ./x DISPOSING THE W.P. WITHOUT COSTS