1 DEV,J & GTK,J W.P.No. 25311 of 2026 Dated 30.09.2026 APHC010465452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3564] WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 25311 OF 2026 Between: 1. BIRRA PRABHAKAR RAO, OCC RETIRED NAVY EMPLOYEE, S/O. ADI NARAYANA RAO, AGED ABOUT 55 YEARS, RESIDING AT G BLOCK 204, JEEVAN VISAKHA APARTMENTS, MMTC COLONY, HB COLONY, SEETHAMMADHARA, VISAKHAPATNAM 530 022 ...PETITIONER AND 1. DEBTS RECOVERY TRIBUNAL, REP. BY ITS THE PRESIDING OFFICER, VISAKHAPATNAM-530020 2. THE AUTHORISED OFFICER, UNION BANK OF INDIA, ASSET RECOVERY BRANCH (ARB), 4TH FLOOR, ANDHRA BANK BUILDING, RR APPARAO STREET, VIJAYAWADA 520 001. ...RESPONDENT(S): Counsel for the Petitioner: 1. CHAITANYA PALISETTY Counsel for the Respondent(S): 1. SRAVAN KUMAR MANNAVA 2. The Court made the following: 2 DEV,J & GTK,J W.P.No. 25311 of 2026 Dated 30.09.2026 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 25311 OF 2026 ORDER: 1. Heard learned Counsel for the petitioner and learned counsel appearing for the Respondent Bank. 2. The Petitioner is a guarantor in respect of Over Draft facility of Rs.95,00,000/- (Rupees ninety five lakh only) sanctioned by the 2nd Respondent Bank to the principal borrower i.e., M/s. S.S.V Infra, a Partnership Firm. The petitioner mortgaged two residential plots as equitable mortgage security to the Respondent Bank. 3. On 16.07.2025 the 2nd Respondent Bank issued a notice under section 13(2) of SARFAESI Act, 2002. The Bank also issued e-auction sale notice dated 23.02.2026 to auction the two mortgaged properties on 30.04.2026. Against the said notices, the petitioner filed a Securitization Application under Section 17 of the SARFAESI Act, before the Debt Recovery Tribunal, Visakhapatnam, which is registered as S.A.No.263 of 2026 on 21.04.2026. The petitioner also filed an Interlocutory Application vide I.A.No.3516 of 2026 seeking interim order to stay all proceedings, including the e-auction sale scheduled on 10.09.2026 vide notice dated 23.07.2026. The said S.A., is adjourned time to 3 DEV,J & GTK,J W.P.No. 25311 of 2026 Dated 30.09.2026 time, without any orders. Finally, the Tribunal posted the matter to 11.09.2026 i.e., to the next date of auction schedule date i.e., 10.09.2026. Under those circumstances, the petitioner approached this court by filing the present Writ Petition. 4. On 07.08.2026 this Court in I.A.No.1 of 2026 passed interim order directing the Respondent Bank to maintain Status quo with regard to said property for a period of four (04) weeks. 5. Today, during the course of hearing of this case, learned counsel for the Respondent Bank, on instructions would submit that the D.R.T, Visakhapatnam, adjourned the S.A to 13.11.2026. 6. The counsel appearing on either side requested to dispose of this Writ Petition with a direction to the D.R.T, Visakhapatnam, to dispose of the S.A., at an early date, in the interest of both parties. 7. Having considered the facts and circumstances of the case and having heard the submissions of the respective counsels, in our considered view, instead of keeping this writ petition pending years together, it is appropriate and reasonable to dispose of this Writ Petition with certain directions to the D.R.T, Visakhapatnam, to meet the ends of justice and to put an end to this Writ Petition. 4 DEV,J & GTK,J W.P.No. 25311 of 2026 Dated 30.09.2026 8. Accordingly, this Writ Petition is disposed of with a direction to the D.R.T, Visakhapatnam, to dispose of the S.A.No.263 of 2026 within a period of three (03) weeks, from the date of receipt of a copy of this order. The status quo order, dated 07.09.2026 passed by this court in I.A.No.1 of 2026 shall continue till three (03) weeks, from the date of receipt of a copy of this order by the D.R.T, Visakhapatnam. _________________________ JUSTICE BATTU DEVANAND _____________________________ JUSTICE TUHIN KUMAR GEDELA Dated 30.09.2026 KS 5 DEV,J & GTK,J W.P.No. 25311 of 2026 Dated 30.09.2026 90 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 25311 OF 2026 Dated 30.09.2026 KS