IN THE HIGH COURT OF ANDHRA PRADESH :: AIVIARAVATL|^^ (Special Original Jurisdiction) ^/A TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY K TWO THOUSAND AND TWENTY FIVE \ PRESENT HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3338 OF 2025 Between: Sri Mekala Ramesh, S/o Narasimhulu, Aged: Major, Occ: Business, Mg., Partner of M/s Sri Ramesh Rice Industries , D.No.4-2-123 , Usmansaheb Pet, Near Raghava School, Nellore-524 992 ...PETITIONER AND 1. Union of India, Ministry of Finance, Represented by its Secretary, Sastry Bhavan, New Delhi. 2. The Authorized Officer Cum Chief Manager, State Bank of India, Stressed Assets Recovery Branch D.NO.54-20-1B/3/U6, 3rd Floor Surya Prakash Square, Gurunanak Nagar Road Vijayawada-520008 ...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 or Order or Direction more particularly one in the Nature of a Writ of Mandamus declaring the action of the 2 Bank and their Officials trying to take out physical possession of the Petitioner's mortgaged Properties mentioned in Notice Under Rule-8(1) Possession Notice dt.21-09- 2024 by Illegal, Unlawful manner through the agents , 3rd parties without obtaining any Order in lawful manner from the Competent Court or Authority or Tribunal by Invoking Section 14 of the SARFEASI Act or any other law without following the due process of Law all nd Respondent are Illegal, Unlawful, Violation of Article 14,19,21,300-A- of the Constitution 0f4^dia,,Consequently to direct the 2nd Respondent follow the due process H ♦ 6f^’lJ^v\4,|for taking physical possession of the mortgaged properties as in Rule-8 (1) Possession Notice dt.21-09-2024. P i i. V- cove/( 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 direct the 2"^^ respondent Bank not to take any Coercive Steps including by taking physical possession of the Mortgaged Properties as covered and shown in Rule-8(1) Possession Notice dt.21-09-2024 by unlawful manner without following the due process of Law pending disposal of the main Writ Petition in the interest of the justice. Counsel for the Petitioner: SRI RAVURI LEELA SAI SAMPATH Counsel for the Respondent No.1: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2: SRI S. SATYANARAYANA MOORTHY, SC FOR SBI The Court made the following: ORDER 4. APHC010063612025 Bench Sr.No:-43 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 3338 of 2025 Mekala Ramesh ...Petitioner Vs. Union of India and another ...Respondents ********** Advocate for Petitioner Mr. Ravuri Leela Sai Sampath Mr. S. Satyanarayana Moorthy Advocates for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 25th February 2025 P C : The grievance of the petitioner is that the respondent Bank is attempting to dispossess the petitioner from the property in question, which is a secured asset with the respondent Bank, with the help of muscleman and without resorting to the provisions of the SARFAESI Act, 2002. 2. We dispose of this Writ Petition with a direction to the respondent Bank to strictly adhere to the procedure as prescribed by law. No costs. Consequently, connected miscellaneous applications, if any, shall stand r closed. SD/- K kASIRAO ACHARI ASSISTANT REGISTRAR s ^ertW^ToSicER //TRUE COPY// s To, 1. The Secretary, Ministry of Finance, Union of India, Sastry Bhavan, New Delhi. 2. The Authorized Officer cum Stressed Assets Recovery Prakash Square, Gurunanak Nagar Road, Vijayawada-520008 Chief Manager, State Bank of India, Branch D.No.54-20-1B/3/U6, 3^" Floor Surya 3. One CC to Sri Ravuri Leela Sai Sampath, Advocate [OPUC] One CC to Sri S. Satyanarayana Moorthy, SC for SBI[OPUC] One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India, High Court of A.P. at Amaravati[OUT] Three CD Copies. 4. 5. 6. ssb HIGH COURT DATED:25/02/2025 ORDER WP JJo.3338 of 2025 o 0 6 MAR 2C;j , Current Section . ^ DISPOSING OF THE W.P. WITHOUT COSTS