APHC010566812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 29365 OF 2025 Between: 1. D. D. and Company, Represented by its Proprietor Donthineni Dinesh S/o. D.Subba Rao, Aged about 31 years, D.No.4-2-12/13, Flat No.401, Lane, Guntur. Guntur th new 7 Kamalesh Grand Lakshmipuram 4 District 2. Donthineni Maruti Kumari, W/o. D.Subba Rao Aged about 52 years Flat N0.5A, Jayapradha Apartments, Qth Lane, Brindavn Gardens Guntur Guntur District. ...Petitioners AND 1. The Authorized Officer, Union Bank of India, D.No.3-29-60A, 2"'^ Lane Pattabhipuram Branch. Guntur. 2. The Branch Manager Union Bank of India, D.No. 3-29-60A, 2nd Lane, Pattabhipuram Branch. Guntur. 3. The Debt Recovery Tribunal, Rep by its Registrar, 31-32-54, Chitralaya Road, Near Leelamahal Road Daba Gardens, Jagadambha Centre, Visakhapatnam. ...Respondents 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 to issue a writ, order or direction particularly one in the nature of writ of MANDAMAS- to declare the action of the 3'^'^ respondent in not deciding the lANo. 3749 of 2025 in S.A.No. 486 of 2025 and the action of the 1®* respondent Financial Institution in making attempts to take over the Possession of the SA Schedule of Property ie flat NO.7. Kamalesh Grant Apartment, New Door No.24-2-143 of Koritepadu village New Ward No.2, Block N0.8,1st line Ramannapet, Guntur City. Guntur District, Pursuant to the E-Auction Sale Notice Dated. 17.09.2025to the schedule property to tbe conducted on 30.10.2025 under SARFAESI Act 2002, is illegal, arbitrary, contrary to the Provisions of Securitization and Reconstruction of Financial Assets and Security Interest Act, 2002 ( SARFAESI Act) is illegal, arbitrary, contrary to the Provisions of Securitization and Reconstruction of Financial Assets and Security Interest Act,2002 (SARFAESI Act). 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 SA Schedule of Property i.e ie Flat NO.7, Kamalesh Grant Apartment, New Door No.24-2-143 of Koritepadu Village, New Ward No.2, Block N0.8, 1 Line, Ramannapet, Guntur City. Guntur District, till the disposal of I.A.NO. 3749 of 2025 in SA.No. 486 of 2025 before the DRT, Visakhapatnam, Pending Disposal of this Writ Petition. Counsel for the Petitioners: SRI S. SYAMSUNDER RAO Counsel for the Respondent Nos.1 & 2 : SMT. V. DYUMANI, SC FOR UNION BANK OF INDIA Counsel for the Respondent No.3 : NONE APPEARED The Court made the following order: APHC010566812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SES [3558] “■.1 MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 29365/2025 Between; 1.D D AND COMPANY, REPRESENTED BY ITS PROPRIETOR DONTHINENI DINESH S/0 D.SUBBA RAO, AGED ABOUT 31 YEARS D.NO.4-2-12/13, FLAT NO.401, NEW 7 KAMALESH GRAND LAKSHMIPURAM 4TH LANE, GUNTUR. GUNTUR DISTRICT 2.DONTHINENI MARUTI KUMARI, W/0 D.SUBBA RAO AGED ABOUT 52 YEARS, FLAT N0.5A, JAYAPRADHA APARTMENTS, 6TH LANE, BRINDAVN GARDENS, GUNTUR GUNTUR DISTRICT. ...PETITIONER(S) AND 1.THE AUTHORIZED OFFICER, UNION BANK OF INDIA, D.NO.3-29- 60A, 2ND LANE PATTABHIPURAM BRANCH. GUNTUR. 2.THE BRANCH MANAGER UNION BANK OF INDIA, D.NO. 3-29-60A, 2ND LANE, PATTABHIPURAM BRANCH. GUNTUR. 3.THE DEBT RECOVERY TRIBUNAL, REP BY ITS REGISTRAR, 31-32- 54, CHITRALAYA ROAD, NEAR GARDENS, RESPONDENTSVISAKHAPATNAM. LEELAMAHAL ROAD DABA CENTRE, JAGADAMBHA ...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 particularly one in the nature of writ of MANDAMAS- to declare the action of the 3rd respondent in 2 CMR,J&GTK,J^ W.P.No.29365 of 2025 not deciding the lANo. 3749 of 2025 in S.A.No. 486 of 2025 and the action of the 1st respondent Financial Institution in making attempts to take over the Possession of the SA Schedule of Property ie flat NO.7. Kamalesh Grant Apartment, New Door No.24-2-143 of Koritepadu village New Ward No.2, Block NO.8,1st line Ramannapet, Guntur City. Guntur District, Pursuant to the E-Auction Sale Notice Dated. 17.09.2025to the schedule property to the conducted on 30.10.2025 under SARFAESI Act 2002, is illegal, arbitrary, contrary to the Provisions of Securitization and Reconstruction of Financial Assets and Security Interest Act, 2002 ( SARFAESI Act) is illegal, arbitrary, contrary to the Provisions of Securitization and Reconstruction of Financial Assets and Security Interest Act,2002 (SARFAESI Act) and to Pass 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 Fligh Court may be pleased Pleased to direct the 1 Respondent Bank not to take Possession of the SA Schedule of Property i.e ie Flat NO.7, Kamalesh Grant Apartment, New Door No.24-2-143 of Koritepadu Village, New Ward No.2, Block NO.8, 1 Line, Ramannapet, Guntur City. Guntur District, till the disposal of I.A.NO. 3749 of 2025 in SA.No. 486 of 2025 before the DRT, Visakhapatnam, Pending Disposal of this Writ Petition, and to pas Counsel for the Petitioner(S): 1.S SYAMSUNDER RAO Counsel for the Respondent(S): 1.VDYUMANI 3 QMR.J & GTK.J W.P.N0.293Q5 of 2023 The Court made the following Order: (Per Hon’ble $ri Justice Cheekati Manavendranath Roy) Heard learned counsel for the writ petitioners. 2. The petitioners sought direction by way of issuing Writ of Mandamus to respondent No.3 to dispose of I.A.No.3749 of 2025 in S.A.No.486 of 2025, which is filed seeking stay of.e-auction notice. The grievance of the writ petitioners is that the 3'”'^ respondent-The Debt 3. Recovery Tribunal is not disposing of the I.A.No.3749 of 2025 in S.A.No.485 of 2025, which is filed seeking stay of e-auction proceedings and deciding tho said application. 4. Therefore, considering the said limited grievance of the writ petitioners and the limited prayer made in the writ petition, this Writ Petition is disposed of with a direction to the 3'"'^ respondent to hear I.A.No.3749 of 2025 filed in S.A.No.486 of 2025 on the file of the Debt Recovery Tribunal, Visakhapatnam expeditiously and dispose of the same on merits, according to law by 29.10.2025. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- G HELA NAIDU DEPUTY REGISTRAR \ //TRUE COPY// SECTION OFFICER To, 1. The Authorized Officer, Union Bank of India, D.No.3-29-60A, 2"^' Lane PattabhipuramBranch. Guntur. 2, The Branch Manager, Union Bank of India, D.No. 3-29-60A, 2"^^ Lane, Pattabhipuram Branch. Guntur. 3. The Registrar, Debt Recovery Tribunal, 31-32-54, Chitralaya Road, Leelamahal Road Daba Gardens, Jagadambha Centre, Near Visakhapatnam. 4. One CC to Sri S. Syamsunder Rao, Advocate [OPUC] 5. One CC to Smt. V. Dyumani, SC for Union Bank of India [OPUC] 6. Two CD Copies 10 Cnr HIGH COURT DATED:27/10/2025 ORDER WP NO. 29365 OF 2025 2 8 OCT 2025 K rrtntStctjft o «>9 DISPOSING OF THE W.P. WITHOUT COSTS -ry