Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 7729 (AP)

Chigurupati Thyagaraju v. The State of Andhra Pradesh

WP/4100/2025 · 2025-02-19

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) i TUESDAY, THE TWENTY FOURTH DAY OF DECEMBE TWO THOUSAND AND TWENTY FOUR o? -•.-A o PRESENT HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30588 OF 2024 Between: Mamunum Rajy^akshmi, Resident of B-Block, Fourth Floor, Flat No. FF4, Kankipadu Main Road, Vuyuru, Kankipadu Mandal, Krishna District-521151V^ Mamunuru Surya Prakasa Rao, Resident of B-Block, Fourth Floor, Flat No. FF4, Kankipadu Main Road, Vuyuru, Kankipadu Mandal, Krishna District-521151. 1. 2. ...PETITIONERS AND Cholamandalam Investment an'S^inance Company Ltd, Chola Crest, C5^5 AND Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai-600032. Rep by its authorized officer Mr. Beeram Gangadharam, S/o Sivananda Rao age 44 years. Branch office at 59-14-2A, 4th Floor, Santhi Plaza, Gayatri Nagar, Benz Circle, 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, Order or Orders, more particularly one, in the nature of a Writ of Mandamus, declaring the action of the respondent bank, in trying to conduct auction on 27.12.2024, property to an extent of 30 Sq. yards situated at nearby Door No. 1-32 RS No. 7/1, Kankipadu Mandal, Kankipadu Village, Krishna District, which is arbitrary, against the principals of natural justice and violation of Article 14 and 21 constitution of India and Consequently, to direct the respondent bank to provide One time settlement opportunity to the petitioner by considering the representation. lA NO: 1 OF 2024 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 respondent bank, not to initiate any auction proceedings, against the subje^property to an extent of 30 Sq. yards situated at nearby Door No. 1-32 RS No. 7/1, Kankipadu Mandal, Kankipadu Village, Krishna District, till pending dispose of the writ petition. Counsel for the Petitioners: SRI BANKA NAGESWARA RAO REPRESENTING MS.Y KAMALA RANI Counsel for the Respondents: — The Court made the following: ORDER Bench Sr.No:-30 [3483] APHC010585232024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 30588 of 2024 ...Petitioners Mamunuru Rajyalakshmi and another Vs. ...Respondent Cholamandalam Investment and Finance Company Ltd ********** Mr. Banka Nageswara Rao for Mrs. Y. Kamala Rani Advocate for Petitioners Advocate for Respondent CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 24th December 2024 PC : In view of the availability of an alternate remedy, we do not see any reason to exercise writ jurisdiction under Article 226 of the Constitution of India. This Writ Petition is disposed of with liberty to the petitioners to approach the appropriate forum. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTroN OFFICER To. Investment and Finance Company Ltd, Chola Crest Thiru-Vi-Ka Industrial Estate, Guindy, Chennai- 600032. Rep by its authorized officer Mr. Beeram Gangadharam S/o Sivananda Rao age 44 years. Branch office at 59-14-2A, 4TH Floor Santhi Plaza, Gayatri Nagar, Benz Circle, Vijayawada-520008. 2. One CC to Smt. Y Kamala Rani Advocate [OPUC] 3. Three CD Copies HIGH COURT DATED:24/12/2024 ORDER WP.No.30588 of 2024 * 0 5 MAR 2075 o\ o>i . Curreni aeciion . ^SPATC**^^ DISPOSING OF THE W.P. WITHOUT COSTS