Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) // TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE O) AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4998 OF 2025 Between: Joga Sattiraju, S/o Chinnabbai, Aged 48 years. R/o. D.No. 10-922 Makavarapalem Village and Mandal. Ankapalli District ...PETITIONER AND M/s Cholamandala Investment and Finance Pvt.Ltd., rep. by its Authorized Officer, Rajendrapalem Branch, Dwaraka Nagar, Visakhapatnam Andhra Pradesh District - 530016. The District Collector, Anakapalli, Anakapalli District, Andhra Pradesh -
531001. The Tahsildar, Makavarapalem Mandal, Anakapalli District, Andhra Pradesh-531113. The Superintendent of Police, Analapalli, Anakapalli District, Andhra Pradesh-531001. The Station House Officer, Makavarapalem PS, Anakapalli District. Andhra Pradesh - 531113. 1. 2. 3. 4. 5. ...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 an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the actions taken by the Respondents based on the impugned proceedings vide (M) D
/ / Dis.No.1684/2023/JA-3 02/10/2023 File No REV02- MAGIOSARF/26/2023-JA-ANKP dated.02-10-2023 on the file of the 2 in nd ' >. -'ai fjespondent whereby issued orders to the 3 to 5 Respondents to assistance and Police Protection while taking Physical Possession of the schedule property as illegal, arbitrary, prejudged, predetermined the Principles of natural justice and against Article 300 Constitution of India and consequently set aside the same and direct the Respondents not interfere in my peaceful possession and enjoyment of the subject property without following due process of law. lA NO: 1 OF 2025 arrange ••v.t.. . - against A of the 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 stay of all further proceedings in manner by not taking Physical Possession and conduct the auction in pursuance of orders of the 2 Respondent dated 02.10.2023 in respect of schedule property in th4 interest of justice. Counsel for the Petitioner ; SRI.
PANGI RAJU BABU Counsel for the Respondent No.1: — Counsel for the Respondent No’s. 2 & 3: GP FOR REVENUE Counsel for the Respondent No’s. 4 & 5: GP FOR HOME The Court made the following ORDER: nd
i r»DAr»cQU Bench Sr.No;-11 ^ APHC010096422025 HIGH COURT OF ANDHRA PRAUt&n ^^483] AT AMARAVATI WRIT PETITION NO: 4998 of 2025 M- ...Petitioner Joga Sattiraju Vs. Ltd., Investment & Finance Pvt. M/s. Cholamandala and others ...Respondents ********** Sri Dhanyamraju Uma Maheswara
learned counsel representing Advocate for petitioner Rao, Sri Pangi Raju Babu. None Advocate for respondents
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 25th February 2025 DATE P C : and Reconstruction of Financial Act of 2002 (for short, “the In view of the fact that the Securitisation and Enforcement of Security Interest effective alternate Assets SARFAESl Act”) provides an remedy by way of an appeal well be availed by the Tribunal, which can very interfere at this stage by invoking our before the Debts Recovery do not find any reason to petitioner, we extraordinary jurisdiction considering the the Apex Court in Radha Krishan Industries v Bank of India vs. Satyawati Tondon^ ratio of the judgments rendered by . State of H.P.,' and United (2021) 6 see 771 [(2010)8 see 110 ; 2010 INSe 428]
2 /
2. The writ petition is, accordingly, dismissed. No order as to costs. ,/ / / r' Pending miscellaneous applications, if any, shall stand closed.
Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// OFFICER SEi To,
1. One CC to SRI. PANGI RAJU BABU Advocate [OPUC] FOR REVENUE, High Court Of Andhra Pradesh
2. Two CCs to GP [OUT]
3. Two CCs to
4. Three CD Copies GP FOR HOME, High Court Of Andhra Pradesh. [OUT] PRK
HIGH COURT DATED:25/02/2025
ORDER WP.No.4998 of 2025 ^OF AN6(S5^ 1 o X 0 ^ MAR 20?5 C9 ^ Current Section DISMISSING THE W.P. WITHOUT COSTS