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2026 DAILYLAW 1195 (AP)

Smt. Rajaputra Padmaja Bai v. The Authorized Officer,

WP/10172/2026 · 2026-04-27

A Hari Haranadha Sarma, Battu Devanand

body2026

Judgment text

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APHC010202822026 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: 10172/2026 Between: 1. SMT. RAJAPUTRA PADMAJA BAI, W/O NAGENDRA BABU, AGED 60 YEARS, RESIDENT OF D.NO. 76-8-9/12A, III FLOOR, FLAT NO. CL, SRI PADMAJA TOWERS, CROMBAY ROAD, BHAVANIPURAM, VIJAYAWADA - 520 012, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE AUTHORIZED OFFICER, THE GANDHI CO-OPERATIVE URBAN BANK LTD NO.H.948, MUSEUM ROAD, GOVERNORPET, VIJAYAWADA, ANDHRA PRADESH - 520002. 2. THE BRANCH MANAGER, THE GANDHI CO-OPERATIVE URBAN BANK LTD SITUATED AT BHAVANIPURAM, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH - 520012 ...RESPONDENT(S): 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 and also without considering the prevailed market value of Rs.84,00,000/- , by intentionally reserving the price of the property as Rs.24,00,000/-, which is highly illegal and arbitrary and violation of principals of natural justice and 2 consequently set-aside the impugned notice vide Ref No. Loan/ Bhavanipuram Branch/ Mortgage Loan/ 052213000598 dated 10.03.2026 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 pleased to stay all further proceedings in pursuance to the impugned notice vide Ref No. Loan/ Bhavanipuram Branch/ Mortgage Loan/ 052213000598 dated 10.03.2026 until deciding of the Stay Application in I.A. No.1617 of 2026 in S.A. No.461 of 2025 before the DRT Vishakapatnam Counsel for the Petitioner: 1. ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 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.10172 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.10172 of 2026 Date:28.04.2026 Knr