K IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 4362 OF 2025 Between: Ganta Chinamma, w/o Late Ganta Sivanaidu, Aged 71 Yrs, R/o. H No.20E- 2-42 Pappalavari Street, Near Navayuga School, Kothapeta Vangayagudem, Eluru, West Godavari ...PETITIONER AND 1. State Bank of India, Rep. by its Authorized Officer, Tangellamudi Branch, Omkar Towers, Chintalapudi Road, Eluru, Eluru District (AP)- 534 005 2. The Debt Recovery Tribunal, Rep By its Registrar 31-32-54, Chitralaya Road Near Leelamahal Road, Daba Gardens Jagadamba Junction Visakhapatnam, Andhra Pradesh-530 020 ...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, direction, order, or orders, particularly in the nature of a Writ of Mandamus, declaring the action of the 2"'^ respondent in not deciding the lA No.558 of 2025 in SA No. 100 of 2025 on the file of Debts Recovery Tribunal Visakhapatnam and the action of the 1®* Respondent in making attempts to take over the possession of the subject property situated in RCC Roof Residential building in Rs No. 21, situated at Sri Venugopalapuram, Devasthanam area, Sivagopalapuram 39 A 4 division, NP Ward, Tangellamudi, Eluru as per the orders of the Chief Judicial Magistrate-cum-PrI. Civil Judge (Senior Division) at Eluru in CrI. M.P. No. 618 of 2024 through the Advocate Commissioner by issuing notice dt.10- 02-2025 as arbitrary, illegal, unconstitutional and in violation of principles of natural justice. ¥ 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 respondent bank not to take possession of the subject property situated in RCC Roof Residential building in Rs No. 21, situated at Sri Venugopalapuram, Devasthanam area, Sivagopalapuram 39 division, NP Ward, Tangellamudi, Eluru till the lA No.558 of 2025 in SA No. 100 of 2025 before the Hon'ble DRT, Visakhapatnam is decided pending disposal of the above writ petition. Counsel for the Petitioner: SRI GHANTA RAMA RAO representing SRI GHANTA SRIDHAR Counsel for the Respondents:-— The Court made the following: ORDER "fi't i' (k APHC010084002025 Bench Sr.No:-17 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 4362 of 2025 ...Petitioner Ghanta Chinamma Vs. ...Respondents State Bank of India and another ********** Sri Ghanta Rama Rao, learned counsel representing Sri Ghanta Sridhar. Advocate for petitioner Advocate for respondents None CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 20th February 2025 PC : Learned counsel for the petitioner states that even when S.A.No.100 of 2025 has been filed by the petitioner before the Debts Recovery Tribunal, Visakhapatnam against the action taken by the respondent Bank and an application for interim relief filed vide I.A.No.558 of 2025, yet, no orders have come to be passed on the said I.A. and in the meantime, it is stated that an Advocate Commissioner has since been appointed, who is likely to dispossess the petitioner from the secured asset. Considering the limited nature of controversy, we dispose of this petition with a direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of I.A.No.558 of 2025 in S.A.No.100 of 2025 preferably, within a period of six (6) 2. I ^teiMseL: A 2 4 weeks. Until such time the appropriate orders are passed, status quo be maintained with regard to the secured asset. Pending miscellaneous applications, if any, shall stand closed, No order as to costs. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// ^^fOFFICER SE To 1. The Authorized Officer, State Bank of India, Tangellamudi Branch, Omkar Towers, Chintalapudi Road, Eluru, Eluru District (AP)-534 005 2. The Registrar, Debt Recovery Tribunal, 31-32-54 Chitralaya Road Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh-530 020 3. One CC to Sri Ghanta Sridhar, Advocate [OPUC] 4. Three CD Copies. ssb HIGH COURT DATED:20/02/2025 ORDER WP.No.4362 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS