IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY I TWO THOUSAND AND TWENTY FIVE ' PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 5168 OF 2025 Between: 1. M/s. Priya Auto Agencies, Represented by Prop Mr. Praveen Kumar Jain, S/o Lai Chandjain, Off D.No. 27-23-152, Apoorva Estates, Shop No. 4 and 5, Municipal Ward No. 23, Revenue Ward no 9, Durgaiah Street, Vijayawada-2 R/o D.No. 6/13 B, Brodipet, Guntur-2 2. Sri Venkateswara Farms, LLP Represented By managing partner: Sridhar Dubba, Registered Off Add: Flat no. 3, lock B, Indis One City K.P.H. 5 th Phase, Kukatpally, Medchal, Hyderabad, Telangana state- 500072. Off Adrss: Ass.no. 1073159434, Plot No. 173, R/o. 76-18-173, Iron Complex, Vijayawada Muncipal Corporation, Revenue Ward No. 29A, Vijayawada-2 3. Vemula Venkata Lakshmana Rao, S/o Vemula China Pongaiah R/o plot No. 19, BhavaniPuram Vijayawada-2 ...PETITIONER’S AND 1. City Union Bank Limited, Governerpet Branch, Vijayawada-520 002. Administrative office, 149, TSR (Big) Street, Kumbakonam,Tamilnadu, represented by his authorization officer. 2. Sri, G Ratna Kumar, Advocate Commissioner, Vijayawada Bar Association, Vijayawada 3. Kota Srinivas, S/o Sambasivarao R/o D.no. 11-4-61, Islampet, Vijayawada -1 Town Krishna District, A. P 6 4. K. L. V Kumari, W/o Kota Srinivas, S/o Sambasivarao, R/o D. no. 11-4- 61, Islampet, Vijayawada -1 Town Krishna District, A. P 5. Ch Jagana Mohan Rao, S/o lakshmaiah, R/o 76-18-173, Iron Complex, Vijayawada Muncipal Corporation, Revenue Ward No. 29A, Vijayawada-2 It ...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 on the nature of WRIT OF MANDAMUS declaring the action of the 1 Respondent in forcing the Respondent No. 3 to 5 and Advocate Commissioners to take physical possession of the Business premises i.e. All that part and parcel of property bearing Premises Property in N.T.R District Vijayawada Door No. 76-18-173, Rs No. 16/A,14/B, 24/1, 25/A1, 49/IB, 15/2,50/33,50/2, 50/3A1, 14/2, 16/5, 16/3, 16/2B, 16/IE, 11,15/1, 50/1, 15/2, 53/D1A, 13/4A, 24/2, 14/IB, 16/ID, 16/3A, 16/2A and 16/3E the petitioners Business Premises within Vijayawada municipal corporation limits as per notice dated 15.02.2025 and 24.02.2025 issued by 2 Advocate in view of warrant issued or order dated 15.02.2025 passed in CRL.M.P No.2878/2024 in C.F No. 5850/2024 on the file of Chief Judicial Magistrate at Vijayawada and consequently direct the 1®* respondent bank to defer the proceedings under the SARFAESI Act with respect to Business premises. 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 In view of the above circumstances that this Hon'ble court may be pleased to Direct the Respondent Bank to receive the rental amounts in to the borrower bank account and grant 12 months time to Vacate the Commercial premises or else we will put to Irresable loss Pending disposal of the writ petition. St nd Respondent lA NO: 2 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 bo pleased to stay all further proceedings pursuant to notice issued by 2 Respondent Advocate commissioner dated 15.02.2025 including taking physical possession of the properties in N.T.R District, Vijayawada Door No, 76-18-173, Rs No. 16/A,14/B, 24/1, 25/A1, 49/16,15/2,50/33,50/2, 50/3A1, 14/2, 16/5, 16/3, 16/26, 16/IE, 11,15/1, 50/1, 15/2, 53/D1A, 13/4A, 24/2, 14/16, 16/ID, 16/3A, 16/2A and 16/3E the petitioners Business Premises within Vijayawada municipal corporation limits pursuant to the warrant or order dated 15.02.2025 passed in CRL.M.P No.2878/2024 in C.F No. 5850/2024 on the file of Chief Judicial Magistrate at Vijayawada pending disposal of the writ petition. Counsel for the Petitioner’s:SRI. SRINIVASA KANNAMA REDDY Counsel for the Respondent No.1: SRI S SATYANARAYANA MOORTHY Counsel for the Respondent No’s. 2 to 5: — The Court made the following ORDER: nd lit f APHC010092342025 Bench Sr.No:-9 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI •IV WRIT PETITION NO: 5168 of 2025 M/s.Priya Auto Agencies and others ...Petitioners Vs. City Union Bank Limited and others ...Respondents ********** Advocate for Petitioners Mr. Srinivasa Kannama Reddy Mr. S. Satyanarayana Moorthy for R.1 Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 28*^ February, 2025 DATE PC : Learned counsel for the petitioners has failed to highlight any illegality in the manner in which the action under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is sought to be initiated. The Writ Petition is found to be without any merit, which is accordingly dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. SD/- K SRINIVASA RAJU ASSISTANT REGI AR //TRUE COPY// SECTON OFFICER To, 1. One CC to SRI. SRINIVASA KANNAMA REDDY. Advocate [OPUC] v_ 2. One CC to SRI. S SATYANARAYANA MOORTHY, Advocate [OPUC] 3. Three CD Copies PRK HIGH COURT DATED:28/02/2025 ORDER WP.No.5168 of 2025 5 0 'I MAR 2025 . Current Section * ^ DISMISSING THE W.P. WITHOUT COSTS