Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 12347 (AP)

ARAVA SURYA THEJA v. THE UNION BANK OF INDIA

WP/17063/2026 · 2026-09-29

Battu Devanand, Tuhin Kumar Gedela

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010325932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 17063 OF 2026 Between: 1. ARAVA SURYA THEJA, S/o Nagamani, Aged about 37 years, Occ Bank Employee, R/o D.No. 10/105, Ashok Nagar, Gudur, Tirupathi District. ...Petitioner AND 1. THE UNION BANK OF INDIA, Rep., by its Chief Manager and Authorized Officer, Nellore Main Branch - 3, D.No. 15-196, Gunturivari Street, Brindavanam, Nellore, SPSR Nellore District. (524001) 2. The Union Bank of India, Rep., by its Authorized Officer, Brindhavanam Branch, Nellore, SPSR Nellore District. (524001) 3. D Kartheek, S/o Not known to petitioner, Age Major, Occ Advocate Commissioner, C/o Chief Judicial Magistrate, SPSR Nellore District, Courts complex, Nellore City, SPSR Nellore District. (524003) ...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 OF MANDAMUS declaring the impugned Notice, Dt. 20.06.2026 issued by the Respondent No.3 who was appointed by the Hon'ble Chief Judicial Magistrate cum Principal Senior Civil Judge cum 2 Principal Assistant Sessions Judge at Nellore in Crl.M.P.No. 185/2026, whereby directing the petitioner to vacate the notice schedule premises within 07 days from the date of notice i.e., the residential house situated at Sy.Nos.405 and 406 in an extent of 25 Ankanams or 200 Sq.yards in Ward No. 26/1, Present Door No. 26-15-347, Assessment No. 1031067349 of Kondayapalem area, Nellore Municipal Corporation, Nellore, SPSR Nellore District without considering the EMI's paid by the petitioner pursuant to the notice under section 13(2) of SARFAESI Act, 2002 issued by the Respondent No. 1 on 02.06.2025 and consequential action of the respondents in not regularizing the petitioner's Loan Account vide NSHL -560541000107564 from NPA category as nothing but illegal, arbitrary, highhanded and violative of fundamental and constitutional rights guaranteed under Articles 14, 21 and the provisions of SARFAESI Act, 2002 and set aside the same and consequently direct the Respondents to regularize the petitioner's Loan Account vide NSHL - 560541000107564 from NPA category 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 SUSPEND the impugned Notice, Dt. 20.06.2026 issued by the Respondent No.3 and pass Counsel for the Petitioner: SURESH KUMAR REDDY KALAVA Counsel for the Respondents: RANGA SURYA PRAKASH RAO KOLA The Court made the following order: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.17063 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) During the course of hearing of this Court, today, learned counsel for the respondent-bank on instructions would submit that the account of the petitioner was upgraded and the impugned notice has been withdrawn. 2. Learned counsel for the petitioner also endorsed the same. 3. In view of the fact that the impugned notice itself has been withdrawn by the respondent-bank, in our considered view no further adjudication is required in the present Writ Petition. 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. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE TUHIN KUMAR GEDELA Dated: 30.09.2026 TM 4 THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.17063 OF 2026 Dated: 30.09.2026 TM 5