APHC010629932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 32496/2025 Between: 1. KOPPULA NARASIMHA REDDY, S/O BRAHMA REDDY AGED ABOUT 65 YEARS, R/O D.NO. 1-18, PANGIDIGUDEM, JANGAREDDYGUDEM MANDAL WEST GODAVARI DISTRICT A.P- 53447 2. KOPPULA ANNAPURNA, W/O KOPPULA NARASIMHA REDDY AGED ABOUT 55 YEARS, R/O D.NO.1-18, PANGIDIGUDEM JANGAREDDYGUDEM MANDAL WEST GODAVARI DISTRICT A. P- 53447 ...PETITIONER(S) AND 1. THE UNION OF INDIA, REP BY ITS FINANCE DEPARTMENT NORTH BLOCK, NEW DELHI 2. THE DEBT RECOVERY TRIBUNAL DRT, DOOR NO 31-31-21, NARAYAN BHAVAN, SAI BABA STREET, DABA GARDENS, VISAKHAPATNAM - 530020 3. M/S SHRI RAM FINANCE LIMITED, REP BY ITS AUTHORIZED OFFICER HAVING OFFICE AT D.NO.22/B-13-8, 2ND FLOOR, VENKATA RAMA POWER PRESS ROAD OPP CENTRAL BANK, POWERPETA, ELURU, DISTRICT A.P-534002 ...RESPONDENT(S): 2 CMR,J & GTK,J W.P.No.32496 of 2025 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in not passing order of the in S.A.No.676/2025 on the file of the Debt Recovery Tribunal Visakhapatnam filed by the petitioner's which is unreasonable, arbitrary unbridled, uncontrolled power and violation of Articles 14,19,21 and 300-A of the Constitution of India apart from being violation of principles of natural justice and consequently direct the 2ND respondent to dispose of the SA No 676/2025 on the file of Debt Recovery Tribunal, Visakhapatnam and pass 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 grant interim stay of all further proceedings initiated by respondent No.3 against the petition schedule property passed under Section 14 of SARFEASI Act pending in SA No. 676/2025 on the file of the Debt Recovery Tribunal, Visakhapatnam pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. A.SRINIVASA RAO Counsel for the Respondent(S): 1. The Court made the following: 3 CMR,J & GTK,J W.P.No.32496 of 2025 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. 2. The petitioners are the principal borrowers who availed loan from the 3rd respondent – M/s. Shri Ram Finance Limited. They offered their immovable property as security for repayment of the loan amount. As they committed default in repayment of the loan amount, the 3rd respondent has initiated proceedings under SARFAESI Act to take possession of the property. Challenging the said measures initiated by the 3rd respondent under the Act, the petitioners have already approached the Debt Recovery Tribunal, Visakhapatnam (hereinafter referred to as “the Tribunal”) and filed S.A.No.676 of 2025. Along with the said appeal, they have also filed I.A.No.4302 of 2025 seeking stay of the proceedings. 3. The only limited grievance of the writ petitioners is that the Tribunal is not considering the said stay petition and passing orders on it. In view of the urgency, as the possession of the property may be taken at any moment of time, it is their version that the said stay petition is required to be disposed of expeditiously. 4. As the petitioners have already approached the Tribunal by way of filing S.A.No.676 of 2025, we are not inclined to interfere and entertain this writ petition to go into the merits of the case and decide the lis. 5. However, considering the grievance of the writ petitioners that there is an urgency to dispose of the stay petition as the possession of the property may be taken at any moment of time, this Writ Petition is disposed of, with a direction to the 2nd respondent – the Debts Recovery Tribunal, Visakhapatnam, to consider the stay petition i.e., I.A.No.4302 of 2025 in S.A.No.676 of 2025 expeditiously and to hear and dispose of the same according to law, preferably on or before 01.12.2025. Further, there shall be a direction to the concerned not to take possession of the property till the stay petition is disposed of on 01.12.2025. If the petitioners fails to get ready for 4 CMR,J & GTK,J W.P.No.32496 of 2025 hearing in the stay petition to dispose of the same within the time stipulated, the interim direction given herein stands vacated without any further reference to this Court. 6. As a sequel, Miscellaneous Applications pending, if any, shall stand closed. _________________________________________ CHEEKATI MANAVENDRANATH ROY, J ________________________ TUHIN KUMAR GEDELA, J Date : 20-11-2025 BMS