APHC010490042026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE 18 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 26777 OF 2026 Between: 1. Anil Kumar Singavarapu, son of AppiRao, resident of Door No. 53 Sri Saliva Nivas, Near Maddllapalem Bus Stop, hiffirddilepaleM Visakhapahtam 1. The Debt Recovery Tribunal, Visakhapatnam, V 530020. Rep by its Registrar. 2. DCB Bank Ltd, Rep by its Authorized Officer, Branch at D.No. 50 70/7/8, Aditya Complex, Seethammapeta, Main Road, Visakhapatnam. 530016. Petition under Article 226 of the Constitu circumstances stated in the affidavit filed therewith, the High Court may be pleased toissue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action the Respondent No.1 De Tribunal in keeping the stay application in I.A No. 3637/2026 in S.A No 544/2026 pending even inspite of Respondents are proceeding to sale the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 18th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA PETITION NO: 26777 OF 2026 1. Anil Kumar Singavarapu, son of AppiRao, resident of Door No. 53 Sri Saliva Nivas, Near Maddllapalem Bus Stop, hiffirddilepaleM ...Petitioner AND 1. The Debt Recovery Tribunal, Visakhapatnam, Visakhapatnam District 530020. Rep by its Registrar. 2. DCB Bank Ltd, Rep by its Authorized Officer, Branch at D.No. 50 70/7/8, Aditya Complex, Seethammapeta, Main Road, Visakhapatnam. ...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 toissue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action the Respondent No.1 Debt Recovery Tribunal in keeping the stay application in I.A No. 3637/2026 in S.A No 544/2026 pending even inspite of Respondents are proceeding to sale the IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA 1. Anil Kumar Singavarapu, son of AppiRao, resident of Door No. 53-11-30, Sri Saliva Nivas, Near Maddllapalem Bus Stop, hiffirddilepaleM ...Petitioner isakhapatnam District- 2. DCB Bank Ltd, Rep by its Authorized Officer, Branch at D.No. 50-81- 70/7/8, Aditya Complex, Seethammapeta, Main Road, Visakhapatnam. ...Respondents tion of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toissue a writ, order or direction more particularly one in the nature of bt Recovery Tribunal in keeping the stay application in I.A No. 3637/2026 in S.A No 544/2026 pending even inspite of Respondents are proceeding to sale the schedule property by issuing sale notice dated 07-08-2026 and E Auction is scheduled to be held on 23-09-2026 as arbitrary illegal and violation of Article 14 and 300A of Constitution of India and consequently direct the Respondent No.1 to decide the I.A No. 3637/2026 in S.A No 544/2026 before sale of schedule property scheduled to be held on 23-09-2026 or any other subsequent date in the interest of justice IA NO: 1 OF 2026 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 grant stay of all further proceedings in pursuant to sale notice dated 07-08- 2026 including E Auction that is scheduled to be held on 23-09-2026 or any other subsequent dates pending disposal of!--1 the above writ petition interest of justice Counsel for the Petitioner: VELADI SAI SRI HARSHA Counsel for the Respondents: The Court made the following order: THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 26777 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) Heard learned counsel for the petitioner and perused the material available on record. 2. The petitioner is a borrower, he availed loan from respondent No.2. Respondent No.2-bank initiated proceedings under S.A.R.F.A.E.S.I. Act, 2002. Aggrieved by the same, the petitioner approached DRT, Visakhapatnam, by filing S.A.No.544 of 2026 on 13.08.2026. Thereafter, it is adjourned time to time and finally it is posted to 24.09.2026. As per the auction notice dated 07.08.2026 issued by respondent No.2, the e-auction scheduled to be held on 23.09.2026. 3. Learned counsel for the petitioner would submit that if auction is conducted on 23.09.2026, the stay petition filed by him along with S.A.No.544 of 2026 was posted to 24.09.2026 will become infructuous. 4. We have carefully examined the material available on record, there is sufficient force in the contention of the learned counsel for the petitioner. When the petitioner filed S.A.No.544 of 2026 on 13.08.2026 along with stay petition and the e-auction is scheduled on 23.09.2026, as the stay petition is posted to 24.09.2026 definitely, the petitioner will face irreparable loss and hardship, if auction proceedings are completed. Under these circumstances, we deem it appropriate to dispose of this writ petition without going into further merits of the case with a direction to the DRT, Visakhapatnam to consider and pass appropriate orders in accordance with law in the stay application in I.A.No.3637 of 2026 in S.A.No.544 of 2026 as early as possible preferably on 24.09.2026 or within two (02) weeks from the date of receipt of a copy of this order to meet the interest of justice. 5. Accordingly, this writ petition is disposed of with a direction to DRT, Visakhapatnam to consider and pass appropriate orders in accordance with law in the stay application in I.A.No.3637 of 2026 in S.A.No.544 of 2026 as early as possible preferably on 24.09.2026 or within two (02) weeks from the date of receipt of copy of this order. 6. Till orders passed by the DRT, Visakhapatnam in I.A.No.3637 of 2026, the e-auction notice dated 07.08.2026 is kept in abeyance. There shall be no order as to costs. As a sequel, all pending miscellaneous applications, if any, shall stand closed. ____________________ BATTU DEVANAND, J _______________________ TUHIN KUMAR GEDELA, J Dated: 18.09.2026 TJN/SZT 04 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 26777 OF 2026 Dated: 18.09.2026 TJN/SZT HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI WRIT PETITION NO: 26777 OF 2026 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 18.9.2026 DEV, J & GTK, J The Writ Petition is disposed of. (Vide Separate Order) _______ DEV, J _______ GTK, J TJN/SZT