IN THE HIGH COURT OF ANDHRA PRADESHi'.AMARAVATI IN THE HIGH COUH jurisdiction) tiif^DAY the fourth day of FEBRUARY ^TOO THOUSAND AND TWENTY FIVE PRESENT JUSTICE SRI DHIRAJ SINGH THAKUR JUSTICE RAVI CHEEMALAPATI O O W o honourable the chief THE HONOURABLE SRI pftitIQN NO: ?965 OF 20^ Between: ' • tstl TifupMiraTdn'il^e^ gS 522 201. District - 522 201. i u,. S'i 3. Adaka Annapurneswari. D.No. 15-5-9, Tirupatirayudu Street - 522 201 ...Petitioner AND . The State Bank of 2l?lB/3FTu6^?rd'^Floo^'^llpst^ KFC, ssrs.&»"“— Prasad K.) Crl.M.P.887 of Guntur District, Andhra 1 2 The Chief Manager, The State r'-; Branch, Administrative Unit, Siripuram Advocate Commissioner, (Anjaneya ^ file of CJM, Guntur, Guntur 3. The 2024 on the Pradesh. ...Respondents Petition under Article 226 of the Constitution of India praying that in affidavit filed therewith, the High Court may direction more particularly the circumstances stated in the be pleased to issue an appropriate writ, order or one in the nature of WRIT OF MANDAMUS declaring the action o the Respondent Authorities in trying to take physical possession petitioners^ schedule property, an extent of 97.4 sq.yds or 81.06 sq.mts of site along with RCC construction thereon in Tenali vide T.S.No.57, 3rd Ward, 1st Block, Door No. 15-5-9 with Assessment No. 1028019400 at Tenali, Guntur District by issuing the impugned Advocate Commissioner Notice dated 23.01.2025, scheduled to dispossess the petitioners 06.02.2025 pending their I.A.No. 311 of 2025 in Securitization Application No.380 of 2024 before the Debts Recovery Tribunal, Visakhapatnam as illegal, unwarranted, unsustainable, arbitrary, unconstitutional , against Law as well as principles of natural justice and consequently set aside the same by directing the Respondent Authorities not to take any coercive action under SARFAESI Act against the petitioners in respect to dispossessing the petitioners from their schedule property pending disposal of their I.A.No. 311 of 2025 in Securitization Application No.380 of 2024 before the Debts Recovery Tribunal, Visakhapatnam on 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 impugned Advocate Commissioner Notice dated 23.01.2025 pending disposal of the main Writ Petition Counsel for the Petitioners: SRI ANCHA PANDURANGA RAO Counsel for the Respondents: The Court made the following: Order APHC010056482025 IN THE HIGH COURT OF ANDHRA PRADESH at AMARAVATI SEP 0:^ WRIT PETITION NO: 2965 of 2025 ...Petitioner(s) Adaka Sujatha and Others Vs. ...Respondent(s) The State Bank Of India and Others ********** Mr.Ancha Panduranga Rao Advocate for Petitioner; Advocate for Respondent: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 4th February 2025 PC : The petitioners claim that even when the petitioners approached the Debts Recovery Tribunal by way of filing a Securitization Application vide S.A. No.380 of 2024 on 29.07.2024, and I.A. No.311 of 2025, dated 27.01.2025, and when the opposite party is seeking time to file counter, which has not been filed till now, steps are being taken by the respondent Bank to take over possession through the Advocate Commissioner, who since has been appointed by virtue of the order of the learned Principal Senior Civil Judge - cum - Chief Judicial magistrate, Guntur. It is stated that in case the interest of 2 HCJ a RC, J W.P. No: 2965 of 2025 the petitioners is not protected in regard to the secured asset, the S.A. filed by the petitioners would be rendered academic. s Considering the fact that the petitioners are already before the DRT dispose of the present petition with a direction to the D.R.T. to decide I.A.No.311 of 2025 arising out of S.A.No.380 of 2024 within a period of six (6) weeks. In the meantime, till orders are passed in the said I.A., the further proceedings against the secured asset shall remain stayed. No costs. 2. , we Pending miscellaneous applications, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, The Authorised Officer, The State Bank of India, Stressed Assets Recovery Branch, D.NO.54-20-1B/3F/U6, 3rd Floor, Upstairs of KFC, Surya Prakash Square, Gurunanak Nagar, Vijayawada - 520 008. The Chief Manager, The State Bank of India, Stressed Assets Recovery Branch, Administrative Unit, Siripuram, Visakhapatnam - 530 003. The Advocate Commissioner, (Anjaneya Prasad K.) CrI.M.P.887 of 2024 on the file of CJM, Guntur, Guntur, Guntur District, Andhra Pradesh. The Principal Senior Civil Judge -cum- Chief Judicial Magistrate, Guntur (Spl. Messenger) One CC to SRI ANCHA PANDURANGA RAO Advocate [OPUC] Three CD Copies 1. 2. 3. 4. 5. 6. gsg HIGH COURT DATED: 04/02/2025 ORDER WP.No.2965 of 2025 g 0^^2125 Current Section DISPOSING THE WP WITHOUT COSTS