APHC010492702025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE 1 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 25294 OF 2025 Between: 1. SRI CHINTALA SAI SRIKANTH, S/o. Chintala Srinivas, aged 26 years, Occupation Business, R/o. 1 Secunderabad, Hyderabad, Telangana 1. THE UNION OF INDIA, Rep by its Secretary, Ministry of Finance, Department of Expenditure, Room 2. SMFG India Credit Co Ltd Head Office, Commerzone IT Park, Tower B, 1ST Floor, No. Ill, Mount Poonamalie Road, Porur, Chennai 3. SMFG India Credit Co Ltd Corporate Office, Rep. by its Authorized Officer, Mr. Maddali Anantha Siva Nagendra, 10Th Floor, Office No. 101,102 103, 2 North Avenue Maker Maxity, Bandra Kurla Complex, Bandra (E), Mumbai 400051. 4. SMFG India Credit Co Ltd, Vijayawada Branch, Vijayawada, NTR District. 5. The District Registrar, District Registrar Office,Eluru. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA PETITION NO: 25294 OF 2025 1. SRI CHINTALA SAI SRIKANTH, S/o. Chintala Srinivas, aged 26 years, Occupation Business, R/o. 1-3-150, Kalasiguda, Near Muthyalamma Temple, Secunderabad, Hyderabad, Telangana - 500 003. ...Petitioner AND OF INDIA, Rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No. 74-B, New Delhi -110001 (India). 2. SMFG India Credit Co Ltd Head Office, Commerzone IT Park, Tower B, 1ST Floor, No. Ill, Mount Poonamalie Road, Porur, Chennai - 600116. 3. SMFG India Credit Co Ltd Corporate Office, Rep. by its Authorized Officer, Mr. Maddali Anantha Siva Nagendra, 10Th Floor, Office No. 101,102 103, 2 North Avenue Maker Maxity, Bandra Kurla Complex, Bandra (E), Mumbai Credit Co Ltd, Vijayawada Branch, Vijayawada, NTR District. 5. The District Registrar, District Registrar Office,Eluru. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA 1. SRI CHINTALA SAI SRIKANTH, S/o. Chintala Srinivas, aged 26 years, 150, Kalasiguda, Near Muthyalamma Temple, ...Petitioner OF INDIA, Rep by its Secretary, Ministry of Finance, 110001 (India). 2. SMFG India Credit Co Ltd Head Office, Commerzone IT Park, Tower B, 600116. 3. SMFG India Credit Co Ltd Corporate Office, Rep. by its Authorized Officer, Mr. Maddali Anantha Siva Nagendra, 10Th Floor, Office No. 101,102 103, 2 North Avenue Maker Maxity, Bandra Kurla Complex, Bandra (E), Mumbai - Credit Co Ltd, Vijayawada Branch, Vijayawada, NTR District. 6. The Sub Registrar, Sub Registrar Office,Eluru. Respondents no.5 and 6 are impleaded as per c.o.dt.27.11.2025 vide I.A.No.2 of 2025 in W.P.No.25294 of 2025. ...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 tomay be pleased to issue an appropriate Writ, Order, or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 5 and 6 herein in not registering the immovable property located at Gandhinagar, Sabella Vari Street, Kothapet, within the limits of S.R.O. Eluru of West Godavari District, and bounded as East by Municipal Road - 40 feet, South by House belongs to Polada Damayanthi - 36 feet, West by House site belongs to Challa Veera Venkaiah 42 feet, North Municipal Road - 35 feet with physical possession as per the Sale Certificate vide No. IN-AP19858647109328X dt 25.06.2025 issued by the 2nd respondent as illegal, arbitrary, and contrary to the SARFAESI Act 2002 and consequently direct the respondent Nos. 5 and 6 to register the Sale Certificate by way of Sale Certificate vide No. IN-AP19858647109328X dt 25.06.2025 and to pass such other orders as this Hon'ble court may deem fit and proper in the interest of justice. Main prayer was amended as per c.o.dt.27.11.2025 Vide I.A.No.3 of 2025 in W.P.No.25294 of 2025. IA NO: 1 OF 2025 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 Direct the Respondent No. 2 to 4 herein to repay the entire sale consideration of Rs. 88,13,000/- (Rupees eighty-eight lakhs and thirteen lakhs only) with interest @24% per annum from the date of payment, pending disposal of the above writ petition and to pass IA NO: 2 OF 2025 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 permit me to implead the proposed parties as Respondent Nos. 5 and 6, in W.P. No. 25294 of 2025 and as well as in I.A. No. 1 of 2025, and pass IA NO: 3 OF 2025 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 May be pleased to permit the petitioner to amend the prayer as follows; For the abovesaid reasons I pray the Honble Court to give a writ order or direction more particularly one in the nature of Writ of Mandamus or any appropriate Writ declaring the action of the Respondent No 2 to 4 herein in not registering the immovable property located at 42ND Division situated in Gandhinagar Sabella Vari Street Kothapet within the limits of S R O Eluru of West Godavari District in an extent of 161 6 6 square yards or 135 169 square meters with physical possession as per the sale certificate dt 25 06 2025 issued by 2ND respondent or repay an amount of Rs 88 13 000/ Rupees eightyeight lakhs and thirteen lakhs only with interest 24PERCENT per annum from the date of payment as illegal arbitrary and contrary to the SARFAESI Act 2002 and consequently direct the respondents 2 to 4 to repay the amount and to pass Amendment prayer For the above-said reasons, pray the Hon’ble Court may be pleased to issue an appropriate Writ, Order, or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 5 and 6 herein in not registering the immovable property located at Gandhinagar, Sabella Vari Street, Kothapet, within the limits of S.R.O. Eluru of West Godavari District, and bounded as East by: Municipal Road - 40 feet. South by House belongs to Polada Damayanthi - 36 feet, West by: House site belongs to Challa Veera Venkaiah - 42 feet. North Municipal Road - 35 feet with physical possession as per the Sale Certificate vide No. IN- AP19858647109328X dt 25.06.2025 issued by the 2nd respondent as illegal, arbitrary, and contrary to the SARFAESI Act 2002 and consequently direct the respondent Nos. 5 and 6 to register the Sale Certificate by way of Sale Certificate vide No. IN-AP19858647109328X dt 25.06.2025 and to passsuch other orders as this Hon’ble court may deem fit and proper in the interest of justice. Therefore, it is just and necessary that the Hon’ble Court may be pleased to permit me to amend the Prayer in the Writ Petition mentioned above appropriately in the interest of Justice 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 May be pleased to issue an appropriate Writ, Order, or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 5 and 6 herein in not registering the immovable property located at Gandhinagar, Sabella Vari Street, Kothapet, within the limits of S.R.O. Eluru of West Godavari District, and bounded as East by Municipal Road - 40 feet. South by: House belongs to Polada Damayanthi - 36 feet. West by: House site belongs to Challa Veera Venkaiah - 42 feet. North Municipal Road - 35 feet with physical possession as per the Sale Certificate vide No. 1N-AP19858647109328X dt 25.06.2025 issued by the 2nd respondent as illegal, arbitrary, and contrary to the SARFAESI Act 2002 and consequently direct the respondent Nos. 5 and 6 to register the Sale Certificate by way of Sale Certificate vide No. IN-API 9858647109328X4 dt 25.06.2025 and to pass such other orders as this Hon’ble court may deem fit and proper in the interest of Justice. For the above said reasons I pray the Hon’ble Court to give a writ order or direction more particularly one in the nature of Writ of Mandamus or any appropriate Writ declaring the action of the Respondent No. 2 to 4 herein in not registering the immovable property located at 42nd division situated in Gandhinagar Sabella Vari Street Kothapet within the limits of SRO Eluru of West Godavari District in an extent of 161.6.6 square yards or 135.169 square meters with physical possession as per the sale certificate dated 25.06.2025 issued by 2nd respondent or repay an amount of Rs.88,13,000/- with interest 24% per annum from the date of payment as illegal arbitrary and contrary to the SARFAESI Act 2002 and consequently direct the respondents No. 2 to 4 to repay the amount. Therefore, it is just and necessary that the Honble Court may be pleased to permit me to amend the Prayer in the Writ Petition mentioned above appropriately in the interest of Justice and pass IA NO: 2 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 may be pleased to issue an appropriate Writ, Order, or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 5 and 6 herein . in not registering the immovable property located at Gandhinagar, Sabella Vari Street, Kothapet, within the limits of S.R.O. Eluru of West Godavari District, and bounded as East by; Municipal Road - 40 feet. South by; House belongs to Polada Damayanthi - 36 feet. West by; House site belongs to Challa Veera Venkaiah - 42 feet. North Municipal Road - 35 feet with physical possession per the Sale Certificate vide No. IN-AP19858647109328X dt 25.06.2025 issued by the 2nd respondent as illegal, arbitrary, and contrary to the SARFAESI Act 2002 and consequently direct the respondent Nos. 5 and 6 to register the Sale Certificate by way of Sale Certificate vide No. IN-AP19858647109328X4 dt 25.06.2025 and to pass such other orders as this Hon’ble court may deem fit and proper in the interest of Justice. as New Prayer: For the above said reasons, the Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus or any appropriate Writ declaring the action of the Respondent Nos. 2 to 4 to declare; - d)the e-auction held by the Authorized Officer for sale of secured asset, without disclosing the subsisting court orders restraining the Sub- Registrar, Eluru from registration of sale certificate as illegal, arbitrary and violative of Rule 9 of the Security Interest (Enforcement) Rules, 2002 without taking possession of the property as per Section 13(4) or Section 14 of the SARFAESI Act, 2002. e) To set-aside the Sale Certificate dated 25.06.2025 for sale of secured asset and consequential proceedings; f) To direct the Respondent Nos.2 to 4 to refund the amount together with interest @ 24% per annum from the date of deposit till the date of refund, and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Therefore, it is just and necessary that the Hon’ble Court may be pleased to permit me to amend the Prayer in the Writ Petition mentioned above appropriately in the interest of Justice and pass IA NO: 3 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 may be pleased to grant leave to the petitioner herein/Respondent No.5 Writ & 6 in the Writ Petition No. 25294 of 2025 to file counter affidavit in the above Petition and pass Counsel for the Petitioner: VENKAT CHALASANI Counsel for the Respondents: V VENKATA NAGA RAJU(CENTRAL GOVT COUNSEL) Counsel for the Respondents:SHAIK AMEENA REHMANI Counsel for the Respondents:UMA MAHESH NAGAVARAPU Counsel for the Respondents:GP FOR REGISTRATION AND STAMPS The Court made the following order: THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 25294 OF 2025 ORDER: (Per Hon’ble Sri Justice Battu Devanand) Heard learned counsel for the petitioner, learned counsel for respondent Nos.2 to 4 and learned Government Pleader for Revenue. 2. In compliance of the order dated 24.9.2026, one Gopi Krishnan Mohan, learned Senior Vice-President of SMFG India Credit Company Limited, present before this Court. He would submit that the entire amount is refunded to the petitioner by way of cheque bearing No.385927 drawn in HDFC Bank dated 29.09.2026 in favour of the petitioner for an amount of Rs.1,06,01,677.00 and the said cheque is handed over to the learned counsel for the petitioner across the Bench. Learned counsel for the petitioner also accepted the receipt of the said cheque. 3. In view of the above factual position, in our considered view, no further adjudication is required in the present writ petition. As such, the appearance of the officer present is dispensed with. 4. Accordingly, this writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ BATTU DEVANAND, J _______________________ TUHIN KUMAR GEDELA, J Dated:01.10.2026 TJN 04 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 25294 OF 2025 Dated: 01.10.2026 TJN HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI WRIT PETITION NO: 25294 OF 2025 PROCEEDING SHEET Sl. No DATE ORDER OFFICE NOTE 31 01.10.2026 DEV,J & GTK,J This writ petition is dismissed as infructuous. (Vide Separate Order) _______ DEV, J _______ GTK,J TJN