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2026 DAILYLAW 10966 (AP)

Prudhivi Srivani v. Union of India,

WP/18224/2026 · 2026-09-15

Battu Devanand, Tuhin Kumar Gedela

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010342342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 18224 OF 2026 Between: 1. Prudhivi Srivani, W/o Srinivasulu, D/o Late Macharla Subrahmanyam, Aged about 54 years, Occ Housewife, R/o House No.16-124,Santhi Nagar, Desaipeta, Vetapalem Mandal, Bapatia District (Old Prakasam District), Andhra Pradesh - 523165... ...Petitioner AND 1. Union of India, Rep. by its Secretary, Ministry of Finance, Department of Financial Services, New Delhi. -110001- 2. Debts Recovery Tribunal, DRT, D-No 31-31-21, Narayana Bhavan, Sai Baba Street, Daba Gardens, Visakhapatnam-530020-. 3. Cholamandalam Investment and Finance Company Limited, Rep. by its Authorised Officer, Chola Crest, C-54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600032, Rep by its Authorised Officer. 4. Macharla Anjaneya Vara Prasad, , S/o Macharla Subrahmanyam Aged about 74 years, R/o Hasthinapuram, Devangapuri Gram Panchayat, Chirala Mandal, Bapatia District. -523155- 5. Macharla Gowri Shankar, , S/o Macharla Subrahmanyam, Aged about 72 years, R/o Hasthinapuram, Devangapuri, Chirala Mandal, Bapatia District.- 523155- 6. Macharla Yoganandam, , S/o Macharla Subrahmanyam, Aged about 67 years, R/o Hasthinapuram, Devangapuri Chirala Mandal, Bapatia District.- 523155- 2 7. Macharla Mohan Rao, S/o Macharla Subrahmanyam, Aged about 63 years, R/o Hasthinapuram, Devangapuri Chirala Mandal, Bapatia District. - 523155- 8. Gutthi Parvathi, W/o Sambasiva Rao, D/o Macharla Subrahmanyam, Aged 60 years, R/o Ravuripeta, Ramannapeta Gram Panchayat, Vetapalem Mandal, Bapatia District.-523155- 9. Siripurapu Kamala Kumari, ,W/o Srinivasa Rao, D/o Macharla Subrahmanyam, Aged 56 years R/o Secretariat Hills, Meknampur, Hyderabad - 500089-. 10. Kama Padmavathi, W/o Nagarjuna, D/o Macharla Subrahmanyam, Aged 52 years, R/o Desaipeta, Vetapalem Mandal, Bapatia District.-523187 11. Macharla Subbarayudu, S/o Macharla Subrahmanyam Aged 50, R/o Hasthinapuram, Devangapuri, Chirala Mandal, Bapatia District.- 523155- 12. Bandla Pradeep Kumar, S/o Yallamanda, Aged 35, R/o Mohan Rao Colony, Akkayapalem Vetapalem Mandal, Bapatia District. -523187 13. Macharla Hemanth Kumar, ,S/o Macharla Gowri Shankar, Aged 48, Borrower/Mortgagor, R/o Hasthinapuram, Devangapuri, Chirala Mandal, Bapatia District. -523155- ...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 direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in proceeding with E-Auction Sale Notice dated 05.06.2026 wherein scheduled the date of inspection of the schedule property on 9.7.2026 and 10.7.2026 including the proposed e-auction 14.07.2026 despite knowing very well that order dated 09.04.2026in I.A.No.622 of 2026 in O.S No 100 of 2026 granting ad-interim injunction restraining alienation of the schedule property is in operation, and though petitioner have already availed the statutory remedy before the DRT/2nd respondent by filing SA No 428/2026 and interim application LA No 2926 Of 2026 in SA No 428 of 2026 could not be effectively considered before the auction owing to the non-availability of the Presiding officer of the 2nd respondent before 9.7.2026 and pass such 3 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 may be pleased to stay of all further actions under the E-Auction Sale Notice dated 05.06.2026 of 3rd respondent pending disposal of the main writ petition and pass such Counsel for the Petitioner: U D JAI BHIMA RAO Counsel for the Respondents: KUNUKU RAJA SEKHAR Counsel for the Respondents: The Court made the following order: 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO.18224 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) Sri Ch. Gopal Raju, learned counsel, representing Sri U.D. Jai Bhima Rao, leaned counsel for the petitioner on record, submits that in view of the subsequent developments happened during the pendency of the writ petition, his client intimated him to withdraw the writ petition and accordingly, sought permission. 2) Permission is accorded. 3) Accordingly, this writ petition is dismissed as withdrawn. 4) There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _________________________ JUSTICE BATTU DEVANAND _____________________________ JUSTICE TUHIN KUMAR GEDELA Dated: 16.09.2026 PGR 5 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA W.P.No.18224 of 2026 Dt. 16.09.2026 PGR