IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3121 OF 2025 Between: Smt. Sirimisetty Lakshmi Devi, W/o. Sirimisetty Pothu Raju, Aged about 38 years, Occ; Business, R/o.D.No.30-82-1/29, Road No.3, Tirumala Nagar, Vadlapudi, Gajuwaka, Visakhapatnam- 530046. ...PETITIONER AND 1. M/s.State Bank of India, Retail Assets Central Processing Centre-2, 3 Floor, Exotica, Hema's Twin Bliss, D.No.39-11-76/2/1, Birla Junction, Murali Nagar, Visakhapatnam - 530007, rep. by its Authorized Officer. 2. Ms.K.Kanaka Lakshmi, W/o. not known to the Petitioner, Aged major. Advocate Commissioner, C/o.Chief Judicial Magistrate, 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 of Mandamus order or direction, declaring the Advocate/Commissioner in execution of warrant of commission issued in CrI.M.P.No.191/2024 on the file of the Hon'ble Chief Judicial Magistrate, Visakhapatnam in law, arbitrary, against principles of natural justice and opposed to public policy and violative of articles of Constitution of India, set-aside the same. rd or any other appropriate writ, action of the 2 nd Respondent issuing the Notice dated 30.1.2025 for as illegal, bad and consequently LA NO: 1 OF 9n7ii Petition under Section 151 stated in the affidavit filed i pleased to grant interim Notice dated 30.1.2025 i of warrant of commission i CPC praying that in the circumstances m support of the petition, the High Court may be stay of all further proceedings pursuant to the issued by the 2"“ Respondent herein for execution issued in Crl.M.P.No.191/2024 on the file of the Hon ble Chief Judicial Magistrate, SA No.78/2005 Visakhapatnam, pending disposal of the on the file of the Hon’ble Debts Recovery Tribunal Visakhapatnam. Counsel for the Petitioner: SRI V. CH. NAIDU Counsel for the Respondent No.1:SRI K.B. RAMANNA DORA Counsel for the Respondent No.2:— The Court made the following: ORDER / APHC010060282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:LIVI-1 [3483] [^0 0i WRIT PETITION NO: 3121 of 2025 Smt. Sirimisetty Lakshmi Devi ...Petitioner Vs. M/s. State Bank of India and others ...Respondents ********** Advocate for Petitioner: Advocate for Respondents; Mr. V. Ch. Naidu Mr. K. B. Ramanna Dora CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 5“^ February, 2025. DATE PC : The petitioner already approached the Debts Recovery Tribunal Visakhapatnam by way of filing a Securitization Application 2025 on 03.02.2025, along with an application for interim relief, notice was stated to have been issued and the vide S.A. No.78 of on which matter was posted to 11.02.2025. 2. In the meantime, it is stated that the steps are being taken for taking over possession of the secured asset, which is in possession of the petitioner, which would render the S.A. before the D.R.T. totally academic. 3. Be that as it may, considering the fact that the petitioner is already before the D.R.T., we dispose of the present writ petition with a direction to the 2 HCJ & RCJ WP_3121_2025 Debts Recovery Tribunal, Visakhapatnam, to decide the interim application arising out of S.A.No.78 of 2025 within a period of six (6) weeks from today. Till such time as appropriate orders are passed, the further proceedings against the secured asset shall remain stayed. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// "ftW^FFICER I SEC To, 1. The Debts Recovery Tribunal, Visakhapatnam The Authorized Officer, M/s.State Bank of India, Retail Assets Central Processing Centre-2, 3rd Floor, Exotica, Hema's Twin Bliss, D.No.39- 11-76/2/1, Birla Junction, Murali Nagar, Visakhapatnam - 530007. 3. Ms.K.Kanaka Lakshmi, Advocate Commissioner, C/o.Chief Judicial Magistrate, Visakhapatnam. 4. One CC to Sri V. Ch. Naidu, Advocate [OPUC] 5. One CC to Sri K.B. Ramanna Dora, Advocate[OPUC] 6. Three CD Copies. 2. ssb X V 'V HIGH COURT DATED:05/02/2025 ORDER WP.No.3121 of 2025 \ 10 FEB 2025 * 4 o f . Current Section . DISPOSING OF THE W.P. WITHOUT COSTS