APHC010565882025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 29314/2025 Between: 1. SMT EDUPUGANTI SWARUPA RANI, W/O. LATE NARASIMHA RAO, AGED 65 YEARS, RESIDING AT ROAD NO. 4, CHANAKYAPURI COLONY, ELURU TOWN. WEST GODAVARI DISTRICT, ANDHRA PRADESH. 1. THE UNION OF INDIA, REP BY ITS SECY, MINISTRY OF FINANCE NORTH BLOCK, NEW DELHI 2. THE CENTRAL BANK OF INDIA, REP BY THE AUTHORISED OFFICER, AT ELURU BRANCH, SATTIRAJU COMPLEX, VENKATARAMA POWER PRESS ROAD, POWERPET 534002. 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 toleased to issue a writ, order or directions, more the nature of a writ of Mandamus declaring the high handed action of Respondents, more particularly Respondent no. 2 in conducting auction sale dated 04.09.2025 of land ad house (ground and first floor) bearing Door No. 24C 142, Plot No. 108, L.P. No. 428/79, near Powerpeta Station Road no. 4 Chanakyapuri Colony, Eluru Town, Andhra Pradesh and further proceeding to issue sale certificate and take over poss IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 29314/2025 SMT EDUPUGANTI SWARUPA RANI, W/O. LATE NARASIMHA RAO, AGED 65 YEARS, RESIDING AT ROAD NO. 4, CHANAKYAPURI COLONY, ELURU TOWN. WEST GODAVARI DISTRICT, ANDHRA ...PETITIONER AND THE UNION OF INDIA, REP BY ITS SECY, MINISTRY OF FINANCE NORTH BLOCK, NEW DELHI - 110001 2. THE CENTRAL BANK OF INDIA, REP BY THE AUTHORISED OFFICER, AT ELURU BRANCH, SATTIRAJU COMPLEX, VENKATARAMA POWER PRESS ROAD, POWERPET, ELURU, A.P. ...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 toleased to issue a writ, order or directions, more particularly one in the nature of a writ of Mandamus declaring the high handed action of Respondents, more particularly Respondent no. 2 in conducting auction sale dated 04.09.2025 of land ad-measuring 339.20 sq.yards along with residential und and first floor) bearing Door No. 24C-6/5-11A at T.S. Nos. 141 142, Plot No. 108, L.P. No. 428/79, near Powerpeta Station Road no. 4 Chanakyapuri Colony, Eluru Town, Andhra Pradesh and further proceeding to issue sale certificate and take over possession of the said property from the IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE TWENTY SEVENTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA SMT EDUPUGANTI SWARUPA RANI, W/O. LATE NARASIMHA RAO, AGED 65 YEARS, RESIDING AT ROAD NO. 4, CHANAKYAPURI COLONY, ELURU TOWN. WEST GODAVARI DISTRICT, ANDHRA ...PETITIONER THE UNION OF INDIA, REP BY ITS SECY, MINISTRY OF FINANCE THE CENTRAL BANK OF INDIA, REP BY THE AUTHORISED OFFICER, AT ELURU BRANCH, SATTIRAJU COMPLEX, , ELURU, A.P. ...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 particularly one in the nature of a writ of Mandamus declaring the high handed action of Respondents, more particularly Respondent no. 2 in conducting auction sale measuring 339.20 sq.yards along with residential 11A at T.S. Nos. 141 142, Plot No. 108, L.P. No. 428/79, near Powerpeta Station Road no. 4 Chanakyapuri Colony, Eluru Town, Andhra Pradesh and further proceeding to ession of the said property from the 2 CMR,J & GTK,J W.P.No.29314 of 2025 Petitioner as null and void, being in violation of Sections 13(2), 13(3A), 13(4), and 14 of the JL Securitization and Reconstruction of Financial Assets, Enforcement of Security Interest AGtv2002 aad Rule 8 9 of the Security Interest (Enforcement) Rules, 2002 wcnc apart from being violative of fundamental rights under Art 14, 21 and 300A of the Constitution of India and violative of Principles of Natural Justice and consequently f suspend the entire proceedings of auction sale dated 04.09.2025, including the confirmation, issuance of sale certificate etc., and direct the Respondents and their men to refrain in any way from taking possession of the aforesaid property from Petitioner or delivering/handing over the possession to third party/auction purchaser till the final disposal of S.A. No. 614 of 2025 on the file of Honble Debt Recovery Tribunal, Visakhapatnam 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 pleased to stay all further proceedings w.r.t the auction sale dt. 04.09.2025 including issuance of sale certificate, delivery of possession of the land ad- measuring 339.20 sq.yards along with residential house (ground and first floor) bearing Door No. 24C-6/5-11A at T.S. Nos. 141 & 142, Plot No. 108, L.P. No. 428/79, near Powerpeta Station Road no. 4, Chanakyapuri Colony, Eluru Town, Andhra Pradesh 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 direct the Respondents and their mennot to interfere with the possession and enjoyment of the land ad measuring 339.20 sq.yards along with residential house (ground and first floor) bearing Door No. 240-6/5-11A at T.S. Nos. 141 & 142, Plot No.108, L.P. No. 428/79, near Powerpeta Station Road no. 4, Chanakyapuri Colony, Eluru Town, Andhra Pradesh and pass Counsel for the Petitioner: 1. JAVVAJI SARATH CHANDRA Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.29314 of 2025 The Court made the following Order: Heard learned counsel for the writ petitioner. 2. This writ petition has been filed seeking direction in the nature of issuing Writ of Mandamus, declaring the action of the 2nd respondent in conducting auction sale on 04.09.2025 relating to land admeasuring 339.20 sq. yards along with residential house bearing door No.24C-6/5-11A at T.S.No.141 & 142, bearing plot No.108 in L.P.No.428/79 in Eluru Town, as illegal. 3. According to the submission made by the learned counsel for the writ petitioner, the petitioner has already approached the Debt Recovery Tribunal, Visakhapatnam, challenging the proceedings relating to the said auction sale and the same is pending, and he filed an interlocutory application also seeking stay of the said sale. It is stated that the said application is not being disposed of and same is being adjourned from time to time and at present the presiding officer of the said Debt Recovery Tribunal is on leave and in the said circumstances, that they have approached this Court invoking its extraordinary jurisdiction under Article 226 of Constitution of India by way of filing this writ petition. 4. As the petitioner has already approached the Debt Recovery Tribunal relating to the lis involved in this matter, and as the petitioner has already filed an appropriate application also seeking similar relief before the said Debt Recovery Tribunal, which is pending disposal, we are not inclined to entertain this writ petition. 4 CMR,J & GTK,J W.P.No.29314 of 2025 5. In the said facts and circumstances of the case, we are of the considered view that this writ petition can be disposed of with a direction to the Debt Recovery Tribunal, Visakhapatnam, to hear the said interlocutory application and dispose of the same on merits expeditiously within one (1) week from date of receipt of this order. If the regular officer is on leave, as stated by the learned counsel for the writ petitioner, the officer, who is holding full additional charge of the said post shall hear the said application and dispose of the same on merits, according to law, expeditiously, as directed supra. 6. The Writ Petition is disposed of, accordingly, with the above direction. 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: 27.10.2025 MDP