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2026 DAILYLAW 11024 (AP)

N.Girija v. The Union of India

WP/23017/2026 · 2026-09-15

Ravi Cheemalapati

body2026

Judgment text

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APHC010416312026 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE 16 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23017 OF 2026 Between: 1. N.Girija, W/o Musalappagari Prathap, aged about 40 years, Occ Agriculture, 2. Musalappa Gari Prathap, S/o M.Sankar, Aged about 45 years, Occ Agriculture, 3. Musalappa Gari Sankar, S/o M.Gangaiah, Aged about 75 years, Occ Agriculture, resident of D.No.1 Bazar, Kotagolla Village, Kadiri Mandal, Sri Sathya Sai District 1. The Union of India, Rep., by its Secretary, Ministry of Finance, New Delhi .110001 2. The Axis Bank Ltd, Rep., by its Chairman office at Thrishul, Opposite Samartheswar Temple, Law Garden, Ellis Bridge, Ahmedabad, Gujarat -380 006 3. The Branch manager, Axis Bank Ltd., having its office at D.No.l6/6/238, Ground Floor, 2nd Street, Srinivasa Agraha Pradesh.524001 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23017 OF 2026 N.Girija, W/o Musalappagari Prathap, aged about 40 years, Occ 2. Musalappa Gari Prathap, S/o M.Sankar, Aged about 45 years, Occ 3. Musalappa Gari Sankar, S/o M.Gangaiah, Aged about 75 years, Occ Agriculture, resident of D.No.17/233-1 (Old), D.No.l7-233-2 (New), Main Bazar, Kotagolla Village, Kadiri Mandal, Sri Sathya Sai District AND 1. The Union of India, Rep., by its Secretary, Ministry of Finance, New Delhi 2. The Axis Bank Ltd, Rep., by its Chairman and Managing Director, Having office at Thrishul, Opposite Samartheswar Temple, Law Garden, Ellis Bridge, 380 006 3. The Branch manager, Axis Bank Ltd., having its office at D.No.l6/6/238, Ground Floor, 2nd Street, Srinivasa Agraharam,Nellore ,Andhra ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH DAY OF SEPTEMBER 2026 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI N.Girija, W/o Musalappagari Prathap, aged about 40 years, Occ 2. Musalappa Gari Prathap, S/o M.Sankar, Aged about 45 years, Occ 3. Musalappa Gari Sankar, S/o M.Gangaiah, Aged about 75 years, Occ 2 (New), Main ...Petitioners 1. The Union of India, Rep., by its Secretary, Ministry of Finance, New Delhi and Managing Director, Having office at Thrishul, Opposite Samartheswar Temple, Law Garden, Ellis Bridge, 3. The Branch manager, Axis Bank Ltd., having its office at D.No.l6/6/238, ram,Nellore ,Andhra ...Respondents 2 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 one in the nature of Writ of Mandamus declaring inaction on the part of the respondent in considering the One Time Settlement (OTS) application dated 24-06-2026 for the loan obtained as a security against the House property in an extent of 55.50 Sq., yards in Sy.No.208/l bearing D.No.17-233-2, Revenue Ward No.ll, Rayachoti Road, Kotagolla Village, Kadiri Mandal and Municipal Corporation, Sri Sathya Sai District as illegal, Arbitrary, beyond the powers vested under the SARFAESI Act, 2002 apart from being violative of Fundamental and Constitutional Rights under Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents to consider the One Time Settlement (OTS) application dated 24-06-2026 for the land i.e., the House property in an extent of 55.50 Sq., yards in Sy.No.208/1 bearing D.No.17-233-2, Revenue Ward No.l 1, Rayachoti Road, Kotagolla Village, Kadiri Mandal and Municipal Corporation, Sri Sathya Sai District 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 to direct the respondent to pass orders on One Time Settlement (OTS) application dated 24-06-2026 and till then not to proceed further against the notice issued under Rule 8(1) of Security interest (Enforcement) Rules, 2002 dated 18-02-2026 pending disposal of the above Writ petition Counsel for the Petitioners: B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondents: 3 The Court made the following order: Ms Neerukonda Srivirajitha, learned counsel, representing Sri B.Abhay Siddanth Mootha, learned counsel for the petitioners, submits that the Writ Petition has become infructuous. Recording the said submission, the Writ Petition is dismissed as infrucutous. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications are closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Date: 16.09.2026 MP 4 107 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO:23017 of 2026 Date: 16.09.2026 MP