APHC010568392025 IN THE HIGH COURT OF ANDHRA PRADESH AT ANIARAVATI i (Special Original Jurisdiction) ( Fi‘ MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND I HE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 29386 OF 2025 Between: R Nagendra Babu, S/o RajaputraSagar Singh R/oD.No.76-8-9/12A, III Floor. Flat N0.CI. Crombay Road, Bhavanipuram, Vijayawada - 520 012. aged 65 years, Sri Padmaja Towers, ...Petitioner AND 1. UNION OF INDIA, rep., by it's Secretary, Ministry of Finance, New Delhi - 110 001 2. The Gandhi Cooperative Urban Bank Limited, Rep., by its Authorized Officer, Museum Road, Governorpeta, Vijayawada - 520 002 3. GaddeSatyavani, Advocate Commissioner, The Gandhi Cooperative Urban Bank Limited, Museum Road, Governorpeta, Vijayawada - 520 002 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therevv/ith, the High Court may be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Notice Respondent No.3 to take physical possession of the shop D.No.76-8/9-11, Ground Floor, M.P. Dasu Street, Bhavanipuram, Vijayawada - 520 012, as violative of Article 14, 19(1)(g) and 300-A of the Constitution of India besides being in violation of SARFEASI Act and the Rules, directing not to proceed further. Dt 21.10.2025 issued by the lA 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 to suspend the Notice Dt:21.10.2025 issued by the Respondent No.3 to take physical possession of the shop D.No.76-8/9-11, Ground Floor, M.P. Dasu Street, Bhavanipuram, Vijayawada - 520 012, pending W.P. Counsel for the Petitioner: SRI KARUMANCHI INDRANEEL BABU Counsel for the Respondent No.2: SRI KUNUKU RAJA SEKHAR Counsel for the Respondent No.1: SRI CHALLA GUNARANJAN, ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.3: NONE APPEARED The Court made the following order: THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION N0.29386 OF 2025 ORDER:- (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This writ petition under Article 226 of the Constitution of India has been filed seeking declaration that the notice dated 21.10.2025 issued by respondent No.3 to take physical possession of the shop bearing Door No.76-8/9-11 in ground floor of M.P. Dasu street, Bhavanipuram, Vijayawada, as violative of Articles 14m 19(1)(g) and 300A of the Constitution of India and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”) and further sought direction to the 3^^ respondent not to proceed further and pass orders pursuant to the said notice. 2. Heard Sri V.S.R.Anjaneyulu, learned Senior Counsel, representing Sri Karumanchi Indraneel Babu, learned counsel for the petitioner and Sri M.Vigneshwara Rao, learned counsel, representing Sri Kunuku Raja Sekhar, learned Standing Counsel for 2”^ respondent- Bank. The main grievance of the writ petitioner is that earlier, this Court has set aside the proceedings initiated by the respondent-Bank and again in another round of litigation also, the proceedings issued by the respondent-Bank were also set aside as per order dated 17.04.2025 passied in W.P.No.5409 of 2025 with a direction to the Bank to initiate 3. \ the proceedings afresh by complying with the provisions of the SARFAESI Act in its letter and spirit by issuing a fresh notice under Section 13(2) of the SARFAESI Act and again without foHowing the procedure contemplated under the provisions of the SARFAESI Act, that fresh proceedings are initiated contrary to the direction issued by this Court in the above writ petition. Therefore, they have challenged the said fresh proceedings initiated by the Bank before the Recovery Tribunal, Visakhapatnam and notice was issued in the said proceedings. As possession is sought to be taken on 28.10.2025 and the Presiding Officer of Debt Recovery Tribunal, Visakhapatnam leave, in the said facts and circumstances of the case, the petitioner approached this Court seeking the aforesaid reliefs. Learned counsel for the 2"'^ respondent-Bank would submit that the Presiding Officer of Debt Recovery Tribunal, Visakhapatnam is going to resume duty in Debt Recovery Tribunal, Visakhapatnam 29.10.2025 and the petitioner is at liberty to pursue his remedy before the Debt Recovery Tribunal, Visakhapatnam. He also submits that till the end of this month i.e. till 31.10.2025, they will not initiate any proceedings to take possession pursuant to the proceedings initiated by them. Debt IS on 4. on 5. Therefore, recording the aforesaid undertaking given by the learned counsel for the 2"^ respondent-Bank that they will not take steps to take possession of the property, pursuant to the proceedings initiated by them till 31.10.2025, this Writ Petition is disposed of with a direction to the Debt Recovery Tribunal, Visakhapatnam, to hear the any I 3 #5' application filed by the petitioner and dispose of the same according to law, expeditiously by 31.10.2025. There shall be no order as to costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// V SECTION OFFICER To, 1. Secretary, UNION OF INDIA, Ministry of Finance, New Delhi - 110 001 2. The Authorized Officer, Gandhi Cooperative Urban Bank Limited, Museum Road, Governorpeta, Vijayawada - 520 002 3. One CC to SRI. KARUMANCHI INDRANEEL BABU Advocate [OPUG] 4. One CC to SRI. KUNUKU RAJA SEKHAR Advocate [OPUC] 5. One CC to SRI.CHALLA GUNARANJAN, General of India [OPUC] 6. Two CD Copies. Additional solicitor AL HIGH COURT DATED:27/10/2025 ORDER WP NO. 29386 OF 2025 sT 0 5 NOV 2025 ys?' a' DISPOSING OF THE W.P. WITHOUT COSTS