Ventrapragada Lakshmi Bhagyavathi v. M/s. Punjab National Bank
WP/891/2026 · 2026-09-27
Battu Devanand, Tuhin Kumar Gedela
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11986 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11986 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010011392026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 891 OF 2026 Between:
1. Ventrapragada Lakshmi Bhagyavathi,, W/o Swamy Naidu, Aged about 61 Years, R/o. 239/11, 3rd Floor, Saativika Enclaive, Lakshmipuram Colny, Poranki, Vijayawada - 521137. ...Petitioner AND
1. M/s Punjab National Bank, Rep. by its Authorized Officer, CO-SAM (Stressed Asset Management 9-35, Kavuri Towers, Kamaiah Thopu, Kanuru, Vijayawada - 520007, Mobile No. 6362844637, E Mail. cs8332( pnb.co.in
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The Branch Manager, Punjab National Bank, Arundal Pet Branch, Guntur - 522001 ...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 topleased to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents sale of immovable properties by way of E-auction sale Notice under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act.2002 R/w proviso to Rules 8(6) R/w 9 (1) of the Security
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Interest ( Enforcement) Rules 2002 for action of immovable property situated in R S No. 284/10, near by Door No.14-6-2, New Door No.14-9-3/2 side land for an extent of 376 Square Yards or 314-38 Square Meters Vacant Land in Nidadavolu Village of W.G. District of Andhra Pradesh is arbitrary, illegal and violation of the Act and also violation of the principles of natural justice and consequently grant stay of all further proceedings E-auction sale Notice and pass 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 grant stay of all further proceedings E-auction sale Notice under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act.2002 R/w proviso to Rules 8(6) R/w 9 (1) of the Security Interest ( Enforcement) Rules 2002 issued by the 1St Respondent on 05/12/2025 pending disposal of the above Writ Petition and pass Counsel for the Petitioner: DEVALARAJU ANIL KUMAR Counsel for the Respondents: PRUDVI RAJU MUDUNURI The Court made the following order:
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THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION NO: 891 OF 2026
ORDER: (Per Hon’ble Sri Justice Battu Devanand)
This Writ Petition is filed challenging the e-auction sale notice issued under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for auction of immovable property situated in R.S.No:284/10, nearby Door No:14-6-2, New Door No:14-9-3/2 side land for an extend of 376 Sq.Yards or 314-38 Sq.Meters vacant land in Nidadavolu Village of W.G.District of Andhra Pradesh, is arbitrary, illegal and violation of the principles of natural justice.
2. On behalf of the respondents, counter affidavit has been filed. Learned Standing Counsel for the respondent – bank would submit that during the pendency of this Writ Petition, the respondent-bank has cancelled the e- auction sale notice, dated 05.12.2025 and in view of the said reason, this Writ Petition has become infructuous.
3. At this stage, learned counsel for the petitioner has drawn the attention of the Court to the averments made in paragraph No.12 of the counter affidavit. The paragraph No.12 of the counter affidavit reads as follows:
“12.It is respectfully submitted that in the event the petitioner establishes her status as a bona fide legal heir of the deceased borrower by producing appropriate documents
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issued by the competent authority, the respondent-bank has no objection to consider any proposal for settlement of the outstanding dues, including under the One Time Settlement [OTS] Scheme, subject to the prevailing guidelines, eligibility criteria and policy of the Bank.”
4. Having considered the facts and circumstances of the case in our considered view, no further adjudication is required in the present case as already the e-auction sale notice has been cancelled. However, taking into
consideration of the averment made in the paragraph No.12 of the counter affidavit, it is open to the petitioner to approach the respondent-bank along with requisite documents to show her bona fide as a legal heir of the deceased-borrower and to make any proposal to settle the loan through One Time Settlement [O.T.S] scheme, within a period of four (04) weeks.
5. Accordingly, this Writ Petition is disposed of.
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: 28.09.2026 PKR
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THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
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WRIT PETITION NO: 891 OF 2026
Dated: 28.09.2026 PKR