IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAB^ (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 19797 OF 2007 Between: Smt.Vallabhaneni Kanaka Durga Lakshmi Prasunmba, W/o.Uma Maheswara Rao, R/o. Banginapalli Thota, Near Rajiv Circle, Nuzvid, Krishna District. ...PETITIONER AND 1. State of Bank of India, Rep. by its Authorized Officer, Nuzvid Branch Krishna District. 2. Sri Cheruku Rama Sastry, S/o.Hanumantha Rao Samatha Nagar Nuzvid - 521 201, Krishna District. ...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 of order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 1®* respondent Bank in auctioning the property of the writ petitioner bearing Door No. 7/300A in Survey No. 683, 582 of Nuzvid under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 dated 16.3.2006 as illegal, arbitrary, high handed and violative of Article 300-A of the Constitution of India and also to the Provisions of the said Act and consequentially to set aside the same and other consequential proceedings in pursuance to the said auction. l-A. NO: 1 OF 2007(WVMP. NO: 3439 OF 2007) Between: Sri Cheruku Rama Sastry, S/o.Hanumantha Rao Samatha Nagar, Nuzvid - 521 201, Krishna District. ...PETITIONER/2"'' RESPONDENT AND 1. Smt.Vallabhaneni Kanaka Durga Lakshmi Prasunmba, W/o.Uma Maheswara Rao, R/o. Banginapalli Thota, Near Rajiv Circle, Nuzvid, Krishna District. ...PETITIONER 2. State of Bank of India, Rep. by its Authorized Officer, Nuzvid Branch Krishna District. ...RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to vacate the interim orders granted in WPNo. 19797/2007, dated 18.9.2007 and by dismiss the Writ Petition with exemplary costs. I.A. NO: 2 OF 2007(WPMP. NO: 25521 OF 2007) 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 pass interim orders granting stay of all further proceedings including taking possession of the property from the Petitioner, in pursuance to the impugned Auction alleged to have been held on 163.2006 by the 1st respondent in relation to the Property of the Petitioner bearing Door No. 7/300A, Survey No.683, 582, DSP Office Road, Rajiv Circle, Nuzvid till the disposal of the main writ petition. Counsel for the Petitioner: SRI AMBADIPUDI SATYANARAYANA Id. SENIOR COUNSEL APPEARING VICE Ms. CH. LAXMI CHAYA Counsel for the Respondent No.1: SRI VENKATA RAMA RAO KOTA Counsel for the Respondent No.2: SRI HANUMANTHA RAO BACHINA The Court made the following: ORDER Bench Sr.No:-26 [3483] HIGH COURT OF ANDHRA PRADESH at AMARAVATI WRIT PETITION NO: 19797 of 2007 APHC010093842007 IN THE SMS ...Petitioner Smt. Vallabhaneni Kanaka Durga Lakshmi Prasunmba Vs. ...Respondents SBl Nuzvid Krishna Dist. another ********** Mr. Ambadipudi Satyanarayana, Id. Senior Counsel appearing vice Ms. Ch. Laxmi Chaya Ms. Padma Sharanappa, Mr. Hanumantha Rao Bachina, Mr. Venkata Rama Rao Kota Advocate for Petitioner; Advocates for Respondents. " CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI ; 17^'’ March, 2025. CORAM -.THE DATE PC : is the second round of litigation in which the petitioner challenges in auctioning the property belonging to the secured asset with respondent No.1 - bank. This IS - the action of the respondent — bank petitioner, which was a had filed Writ Petition of the respondent bank in subjecting the of the SARFAESI earlier round of litigation, the petitioner 2. In the No.9943 of 2006, wherein the action property of the petitioner Act, was called in question. to auction under the provisions 2 HCJ & RCJ WP_19797_2007 The writ petition came to be dismissed by virtue of judgment and order 3. dated 28.09.2006, with liberty to the petitioner to resort to the remedy of available under Section 17 of the SARFAESI Act, if so advised. appeal as The petitioner despite having suffered a dismissal, yet again filed the 2007, yet again challenging the action of the 4. present writ petition in the year respondent bank in auctioning the property of the petitioner. On the face of it, the present writ petition is not maintainable, in view of earlier writ petition filed by the petitioner on similar 5. the dismissal of the grounds. After arguing for some time, learned Senior Counsel for the petitioner seeks to withdraw the petition with liberty to approach the appropriate forum was otherwise suggested even by virtue of order, dated 28.09.2006, in writ petition No.9943 of 2006. 6. as it may, the present writ petition is dismissed as withdrawn, with liberty to the petitioner to approach the appropriate forum. However, we to the petitioner to satisfy the Debts considering the fact that the 7. Be that as make it clear that it shall be open Recovery Tribunal on the issue of limitation dated 28.09.2006, had left the petitioner in no manner or judgment and order regards the remedy that it ought to avail for redressal of its doubt as grievance. % 3 HCJ & RCJ WP 19797 2007 No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// To, SEi N OFFICER 1. One CC to Ms. Ch. Laxmi Chaya, Advocate [OPUC] One CC to Ms. Padma Sharanappa, Advocate [OPUC] One CC to Sri Venkata Rama Rao Kota, Advocate [OPUC] 4. One CC to Sri Hanumantha Rao Bachina, Advocate (OPUC) 5. Three C.D. Copies Cnr HIGH COURT DATED:17/03/2025 5 2 6 MAR 2025 o\ a ORDER . Current section ■ WP.No.19797 of 2007 DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS