APHC010509262026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 25th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 27736 OF 2026 Between: 1. ABBURI HANUMAIAH, A ...Petitioner AND 1. THE UNION OF INDIA, S ...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 to 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 Counsel for the Petitioner: SITA RAM CHAPARLA Counsel for the Respondent The Court made the following order: 2 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 27736 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) The petitioners are the borrowers who availed loan from the 3rd respondent-bank. After declaring the loan account as NPA, the 3rd respondent initiated proceedings against the petitioners under the SARFAESI Act in the year 2022. At this stage, aggrieved by the action of the 3rd respondent-bank in initiating SARFAESI proceedings against the petitioners, they approached the DRT, Visakhapatnam, by filing S.A.No.428 of 2022 and it is pending before the DRT, Visakhapatnam, till date. 2. As per the learned counsel for the petitioners during the pendency of the proceedings before the DRT, Visakhapatnam, the petitioners and respondent-bank agreed for OTS and the petitioners paid an amount of Rs.35,00,000/-. As the conditions of the OTS are not fulfilled by the petitioners, respondent-bank started SARFAESI proceedings again. At present, the 3rd respondent issued e-auction sale notice dated 24.8.2026 to sell the secured assets in the e-auction scheduled on 29.9.2026. Against the said e-auction sale notice, the petitioners again filed an application in I.A.No.4099 of 2026 before the DRT, Visakhapatnam, in the pending S.A.No.428 of 2022. By order dated 18.9.202, the DRT, 3 Visakhapatnam, posted the S.A. along with all the miscellaneous applications to 28.9.2026. Now the grievance of the petitioners is that if I.A. is not disposed of on 28.9.2026 or for any reason, the said petition is adjourned, the 3rd respondent-bank will proceed with the auction proceedings as per their schedule to be held on 29.9.2026. 3. Having considered the facts and circumstances of the case, as the relief sought in this writ petition is very limited to protect the interest of the petitioners till disposal of the S.A.No.428 of 2025 which is pending for more than four years before the DRT, Visakhapatnam, we intend to dispose of this writ petition with certain directions to protect the interest of the petitioners and also to meet the interest of justice. 4. Accordingly, this writ petition is disposed of with the following directions: i) The 2nd respondent-DRT, Visakhapatnam, shall dispose of the S.A.No.428 of 2022 which is pending on its file as early as possible preferably within a period of three (03) weeks from the date of receipt of a copy of this order in accordance with law. ii) The auction notice issued by the 3rd respondent dated 24.8.2026 shall be kept in abeyance for a period of three (03) weeks from the date of receipt of a copy of this order by the DRT, Visakhapatnam. 4 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:25.09.2026 TJN 5 03 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 27736 OF 2026 Dated: 25.9.2026 TJN 6 HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI MAIN CASE No.W.P.No.27736 of 2026 PROCEEDING SHEET Sl. No DATE ORDER OFFICE NOTE 01 25.9.2026 DEV,J & GTK,J This Writ Petition is disposed of. (Vide Separate Order) _________ DEV, J _________ GTK,J TJN