APHC010466802023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 24166/2023 Between: 1. BANDIKOLLA CHRIS ANTONY,, S/O. ADINARAYANA, HINDU, AGED ABOUT 19 YEARS, STUDENT AND PART TIME BUSINESS, R/O. FALT NO. 504, SAI BALRAM PARADISE, RAMACHANDRA NAGAR, VIJAYAWADA -520 008 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, COOPERATIVE SOCIETIES, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE GANDHI COOPERATIVE URBAN BANK LTD, REP. BY ITS AUTHORIZED OFFICER, MUSEUM VIJAYAWADA, NTR DIST., 520 002 3. BANDIKOLLA ADI NARAYANA, S/O. LATE. SUBBA RAO, HINDU, AGED ABOUT 49 YEARS, SELF EMPLOYED, R/O. D. NO. 48 NEAR NAVATHA ROAD TRANSPORT, NAGARJUNA NAGAR, VIJYAWADA-520008. 4. BANDIKOLLA JYOTHI SWA NARAYANA, HINDU, AGED ABOUT 38 YEARS, R/O. D. NO. 48 NEAR NAVATHA ROAD TRANSPORT, NAGARJUNA NAGAR, VIJYAWADA-520008. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH 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: 24166/2023 BANDIKOLLA CHRIS ANTONY,, S/O. ADINARAYANA, HINDU, AGED ABOUT 19 YEARS, STUDENT AND PART TIME BUSINESS, R/O. FALT NO. 504, SAI BALRAM PARADISE, RAMACHANDRA NAGAR, 520 008 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, COOPERATIVE SOCIETIES, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE GANDHI COOPERATIVE URBAN BANK LTD, REP. BY ITS AUTHORIZED OFFICER, MUSEUM ROAD, GOVERNORPET, VIJAYAWADA, NTR DIST., 520 002 BANDIKOLLA ADI NARAYANA, S/O. LATE. SUBBA RAO, HINDU, AGED ABOUT 49 YEARS, SELF EMPLOYED, R/O. D. NO. 48 NEAR NAVATHA ROAD TRANSPORT, NAGARJUNA NAGAR, 520008. BANDIKOLLA JYOTHI SWARUPA, W/O. BANDIKOLLA ADI NARAYANA, HINDU, AGED ABOUT 38 YEARS, R/O. D. NO. 48 NEAR NAVATHA ROAD TRANSPORT, NAGARJUNA NAGAR, 520008. IN THE HIGH COURT OF ANDHRA PRADESH [3558] MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA BANDIKOLLA CHRIS ANTONY,, S/O. ADINARAYANA, HINDU, AGED ABOUT 19 YEARS, STUDENT AND PART TIME BUSINESS, R/O. FALT NO. 504, SAI BALRAM PARADISE, RAMACHANDRA NAGAR, ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, COOPERATIVE SOCIETIES, THE GANDHI COOPERATIVE URBAN BANK LTD, REP. BY ITS ROAD, GOVERNORPET, BANDIKOLLA ADI NARAYANA, S/O. LATE. SUBBA RAO, HINDU, AGED ABOUT 49 YEARS, SELF EMPLOYED, R/O. D. NO. 48-18-5, NEAR NAVATHA ROAD TRANSPORT, NAGARJUNA NAGAR, RUPA, W/O. BANDIKOLLA ADI NARAYANA, HINDU, AGED ABOUT 38 YEARS, R/O. D. NO. 48-18-5, NEAR NAVATHA ROAD TRANSPORT, NAGARJUNA NAGAR, 2 CMR,J & GTK,J W.P.No.24166 of 2023 ...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 pass orders, to issue writ order or orders and direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent, in issuing the impugned notice dated 01-07-2023, u/s13(2) of the SARFAESI Act, to the extent of classifying the property covered by D. No. 48-18-5, Nagarjuna Nagar, Gunadala, Vijayawada in R.S. No. 327/2 including with the RCC building structure within the extent of 183.6 Sq. Yards, mentioned in schedule-2 of the impugned notice dated 01-07-2023, as secured asset of Respondent No.3 and under the said guise deciding to proceed under the provision section 13 (4) of the SARFAESI Act, is illegal, arbitrary, unjust, violative of Articles 14, 21 and 300 A of the Constitution of India and the same is liable to be set aside, as the same also amounts to abuse of section 13(4) of SARFAESI Act, consequently declare that no valid encumbrance is created over the said property covered by schedule-2 of the impugned notice dated 01-07-2023, and also to pass IA NO: 1 OF 2023 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 pass interim orders directing the Respondent No.2, not to initiate any coercive steps of taking possession or proceeding any further, over the property covered by D. No. 48-18-5, Nagarjuna Nagar, Gunadala, Vijayawada in R.S. No. 327/2 including the RCC building structure within the extent of 183.6 SQ. Yards, in pursuance of the impugned notice dated 01-07-2023 issued by the 2nd Respondent under section 13(2) of the SARFAESI Act, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. K SATYANARAYANA MURTHY Counsel for the Respondent(S): 1. P A SESHU 2. GP FOR COOPERATION 3 CMR,J & GTK,J W.P.No.24166 of 2023 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Mr. K.P.R.Vital Kumar, learned counsel representing Mr. K.Satyanarayana Murthy, learned counsel for petitioner, seeks permission to withdraw the writ petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. 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: 24.11.2025 MDP