1 APHC010500592026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 27342 OF 2026 Between: 1. M/s Sai Trendz,, Rep as proprietor Siram Neeraja R/o. Door No. 14-9-126, RRK Central, Sai Plaza, Peerala, Chirala, Prakasam District. 523157 2. Siram Neeraja,, W/o Ratnakar, Aged about 43 years, R/o Door No. 12-4- 14/3, Mutyalapeta Peerala, Chirala, Prakasarn District. 523157 ...Petitioners AND 1. THE DEBT RECOVERY TRIBUNAL, Visakhapatnam, Visakhapatnam District-530020. Rep by its Registrar. 2. State bank of India, Rep. by its Authorized Officer, Main Branch, Chirala, Bapatla District. 523157 ...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 toto issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action the Respondent No.1 Debt Recovery Tribunal in keeping the I.A No 3806/2026 in S.A No 156/2025 pending which is filed for grant of stay of all further proceedings in pursuant to the appointment of advocate commissioner in Crl.M.P.240/2026 on the file of 2 Chief Judicial Magistrate cum Principal Senior Civil Judge Ongole for taking physical possession of the subject property as arbitrary illegal and violation of Article 14 and 300A of Constitution of India and consequently direct the Respondent No.1 to decide the I.A No 3806/2026 in S.A No 156/2025 as expeditiously as possible i.e., before taking of physical possession of the schedule property by the Advocate Commissioner in the interest of justice 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 grant stay of all further proceedings in pursuant to the appointment of advocate commissioner in Crl.M.P.240/2026 orir the file of Chief Judicial Magistrate cum Principal Senior Civil Judge Ongole Counsel for the Petitioners: VELADI SAI SRI HARSHA Counsel for the Respondents: The Court made the following order: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 27342 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) The Writ Petition is filed seeking to declare the action of the respondent No.1/Debts Recovery Tribunal in keeping the I.A.No.3806 of 2026 in S.A.No.156/2025 which is filed for grant of stay of all further proceedings in Crl.M.P.No.240/2026 on the file of the Chief Judicial Magistrate-cum-Principal Senior Civil Judge, Ongole for taking physical possession of the subject property as arbitrary, illegal and violation of Article 14 and 300A of Constitution of India and consequently, direct the respondent No.1 to decide the I.A.No.3806/2026 in S.A.No.156/2025 for expeditious disposal. 2. Learned counsel for the petitioners would submit that being the borrower of the respondent No.2-Bank, he filed Securitization Application in S.A.No.156 of 2025 on 08.03.2025 before the Debts Recover Tribunal, Visakhapatnam [for short ‘the D.R.T’], at the stage of issuing possession notice by the secured creditor. Later, when the respondent No.2 took steps to take physical possession of the secured asset by filing Crl.M.P.No.240 of 2026 before the Chief Judicial Magistrate-cum-Principal Senior Civil Judge, Ongole, he filed I.A.No.3806 of 2026 in the said S.A.No.156 of 2025 on 20.08.2026. Now, the grievance raised in the Writ Petition is that due to the reason that ‘the D.R.T’, Visakhapatnam did not complete the proceedings in 4 S.A.No.156 of 2025 filed on 08.03.2025 contrary to the time stipulated under Section 17(5) of the Act, 2022, the respondent No.2-Bank is proceeding against the secured asset to take physical possession. Under these circumstances, he approached this Court by filing this Writ Petition. 3. Having considered the submissions of the learned counsel for the petitioners and on careful perusal of the material available on record, it is an admitted fact that the petitioners filed S.A.No.156 of 2025 on 08.03.2025 before ‘the D.R.T’, Visakhapatnam and it is also an admitted fact that he filed I.A.No.3806 of 2026 and the said I.A. is filed on 20.08.2026 and both are pending. As rightly contended by the learned counsel for the petitioners that any application filed before ‘the D.R.T’, has to be disposed of finally, by four (04) months. 4. In view of the facts and circumstances stated above, we deem it appropriate and desirable to direct the Debts Recovery Tribunal, Visakhapatnam to dispose of the S.A.No.156 of 2025 on its merits, by following due process of law, to settle the dispute between the parties, in the interest of justice. 5. Accordingly, the Writ Petition stands disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam, to adjudicate and dispose of S.A. No. 156 of 2025 on its merits, in accordance with law, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of a copy of the order. In order to protect the interest of both parties, 5 the parties shall maintain Status-quo with respect to the secured asset for a period of three (03) weeks from the date of receipt of a copy of the order. 6. 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: 23.09.2026 PKR 6 THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA 146 WRIT PETITION NO: 27342 OF 2026 Dated: 23.09.2026 PKR