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2026 DAILYLAW 1118 (AP)

R NAGENDRA BABU v. THE GANDHI COOPERATIVE URBAN BANK LTD

WP/10173/2026 · 2026-04-27

A Hari Haranadha Sarma, Battu Devanand

body2026

Judgment text

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APHC010197882026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 10173/2026 Between: 1. R NAGENDRA BABU, S/O. RAJAPUTRA SAGAR SINGH, AGED 66 YEARS, RESIDENT OF DOOR NO.76-8-9/12, III FLOOR, FLAT NO.CL, SRI PADMAJA TOWERS, CROMBAY ROAD, BHAVANIPURAM, VIJAYAWADA - 520012. ...PETITIONER AND 1. THE GANDHI COOPERATIVE URBAN BANK LTD, Rep. by its Authorized officer, Museum Road Governorpeta, Vijayawada 520002. ...RESPONDENT 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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the respondent in issuing the impugned auction notice under Rule 8(6) and 9(1) of the Security Interest (Enforcement) Rules, 2002 r/w section 13(8) of the SARFAESI Act, 2002 and thereby confirming the auction sale, date of auction sale as 20.04.2026 without evaluating the structure also with market value, by intentionally reserving the price of the property as Rs.75,00,000/-, which is highly illegal and arbitrary and violation of principals of natural justice and consequently set-aside the impugned notice vide Ref No. Loan/ Bhavanipuram Branch/ Mortgage Loan/ 052213000557 dated 10.03.2026 and pass IA NO: 1 OF 2026 2 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 pleased to stay all further proceedings in pursuance to the impugned notice vide Ref No. Loan/ Bhavanipuram Branch/ Mortgage Loan/ 052213000557 dated 10.03.2026 and pass Counsel for the Petitioner: 1. ELURU SESHA MAHESH BABU Counsel for the Respondent: 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.10173 of 2026 ORDER:(Per Hon’ble Sri Justice Battu Devanand) 1. Learned counsel for the petitioner submits that, due to subsequent developments happened during the pendency of this Writ Petition, no cause survives in this writ petition for further adjudication. 2. Recording the same, the Writ Petition is dismissed as infructuous, granting liberty to the petitioner to prosecute other legal remedies. There shall be no order as to costs. 3. Consequently, miscellaneous applications, if any, pending in the Writ Petition shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A. HARI HARANADHA SARMA Date:28.04.2026 Knr 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.10173 of 2026 Date:28.04.2026 Knr