APHC010446232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 24224 OF 2026 Between: 1. THE DISTRICT CO-OPERATIVE CENTRAL BANK LIMITED, Rep by its Branch Manager, Adapa Roja, Authorised signatory, 0/o. PB No.214, Ramachandra Rao Pet, Eluru, West Godavari District-534002. 2. M/s.Ravindra Commercial Corporation,, Rep by its Prop. Mr.Vegesana Ranga Raju, S/o.Sri Rama Raju, 0/0.165 PP Road, Veeravasaram Mandal, West Godavari District-534245 ...Petitioners AND 1. The State Bank of India, Rep by its authorised officer, O/o.SME Bhimavaram 18200, Opp Multiplex, Undi Road, Bhimavaram, West Godavari District-534202. 2. Sri Mente Ram Manohar, S/o. Mente Padmanabham, agenot known to the Petitioner, Managing Partner of Rishi Trading, R/o.D.No.19-22-4, Bank Colony, Padma Sai Nilayam, Bhimavaram, West Godavari District-534202. 3. M/s Rishi Trading, Rep by its Managing Partner, Mente Ram Manohar, S/o. Mente Padmanabham, age not known to the Petitioner, D.No.20-15-3/6, Beside Indani Towers Apartment, SunkaraPaddayya Street, Bhimavaram, West Godavari District-534201. 4. Mente Padmanabha Rishi, S/o. Mente Ram Manohar, age not known to the Petitioner, R/o.D.No.19-22-4, Bank Colony, Padma Sai Nilayam, Bhimavaram, West Godavari District-534202. 5. Mente Satyanarayana, S/o. Mente Padmanabham, age not known to the Petitioner R/o.D.No.19-22-4, Bank Colony, Padma Sal Nilayam, Bhimavaram, West Godavari District-534202. 2 DEV, J & GTK, J W.P.No.24224 of 2026 6. Sri K V Ratnam, OCC Advocate(Advocate Commissioner), R/o.Sai Krishna Residency, Bagya Nagar, Near Sleep well Company, Kandrikagudem, Eluru, Eluru District(Erstwhile West Godavari District)-534311 ...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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus by declaring declaring the action of the 1st Respondent bank evicting the petitioners through the 6th Respondent vide notice dated 19.08.2026 by executing the warrant on 26.08.2026 from property admeasuring an extent of 872 sq.yrds situated in R.S.No.534, bearing nearby D.No.8- 116(Old No.8-103) situated in Veeravasaram Mandal, West Godavari District, as arbitrary, illegal, null and void, against the principles of natural justice, norms of public policy and violation of Article 14, 19(1)(g) and 21 of the Constitution of India and contrary to S.17(4) of the SARFAESI Act and issue a consequential direction to permit the petitioners to continue in the subject property till disposal of the subject property by the authorised officer under SARFAESI Act 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 direct the 6th respondent to not to evict the Petitioners from the subject property admeasuring an extent of 872 sq.yrds situated in R.S.No.534, bearing nearby D.No.8- 116(0ld No.8-103) situated in Veeravasaram Mandal, West Godavari District, pending disposal of the above writ petition Counsel for the Petitioners: VENKAT SAILENDRA G Counsel for the Respondents: VENKATA RAMA RAO KOTA The Court made the following order: 3 DEV, J & GTK, J W.P.No.24224 of 2026 THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 24224 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) This Writ Petition is filed seeking a writ of Mandamus declaring the action of the 1st respondent Bank to evict the petitioners by executing a warrant, dated 26.08.2026, issued by the concerned Judicial Magistrate to evict the petitioners from the property admeasuring to an extent of 872 Sq. Yards in R.S.No.534, bearing nearby D.No.8-116 (Old No.8-103) situated in Veeravasaram Mandal, West Godavari District. 2. The case of the petitioners is that they are land-holders of the premises belonging to the 2nd respondent, vide sale deed, dated 01.05.2010. Both the petitioners are paying rents to the 2nd respondent regularly. An Advocate Commissioner, who is the 6th respondent, has issued two notices, dated 19.08.2026 to the 2nd respondent. The 1st notice would indicate that the Advocate Commissioner would inspect the premises and the 2nd notice would indicate that he would execute the warrant, dated 26.08.2026, at 11 AM to take possession of the subject property. Immediately, the petitioners approached the Debts Recovery Tribunal, Visakhapatnam, and filed a Securitization Application vide Diary No.1850 of 2026. They also filed two 4 DEV, J & GTK, J W.P.No.24224 of 2026 Interlocutory Applications seeking out of order and for stay. As the Presiding Officer was on leave from 24.08.2026 to 25.08.2026 and the next date i.e., 26.08.2026 is a public holiday, having no other option, the petitioners approached this Court by way of this Writ Petition. 3. Having considered the facts and circumstances of the case, as the petitioners have approached the Debts Recovery Tribunal, Visakhapatnam, against the notice issued by the Advocate Commissioner and the said proceedings are pending before the Debts Recovery Tribunal, in our considered view, it is appropriate and reasonable to dispose of this Writ Petition without going into any further merits of the case, with certain directions, to meet the interests of justice. 4. Accordingly, this Writ Petition is disposed of with the following directions: 1) The petitioners shall pursue their securitization application which is pending before the Debts Recovery Tribunal, Visakhapatnam. 2) The interim order, passed by this Court on 25.08.2026 shall continue till consideration of the said application filed by the petitioners before the Debts Recovery Tribunal. 3) The Debts Recovery Tribunal shall dispose of the said application as early as possible, preferably within a period of three (03) weeks. There shall be no order as to costs. 5 DEV, J & GTK, J W.P.No.24224 of 2026 As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 15.09.2026 MJA 6 DEV, J & GTK, J W.P.No.24224 of 2026 126 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 24224 OF 2026 Date: 15.09.2026 MJA