APHC010220582026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] THURSDAY,THE THIRTIETH 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: 11970/2026 Between: 1. BATHULA VENKATESWARLU, S/O KASAIAH, AGED ABOUT 53 YEARS, R/O NEAR MARUTHI MAHAL THEATER, PIDUGURALLA TOWN, GUNTUR DISTRICT- 522413 ...PETITIONER AND 1. THE AUTHORIZED OFFICER / CHIEF MANAGER, KARNATAKA BANK LIMITED, ASSET RECOVERY MANAGEMENT BRANCH, PLOT. NO. 50, 1ST FLOOR, SRINAGAR COLONY, BANJARA HILLS, ROAD NO. 3, HYDERABAD, TELANGANA STATE - 500073. 2. THE PRESIDING OFFICER, DEBUT RECOVERY TRIBUNAL, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT - 530001. 3. M/S SIVA SAI GRANITES AND EXPORTS, REP. BY ITS BOMMI REDDY SANKAR REDDY (NOW DECEASED), SY. NO. 72/6, YELURU ROAD, PRAKASAM DISTRICT, ANDHRA PRADESH - 523253. 4. BOMMI REDDY SRIDEVI, W/O LATE BOMMI REDDY SANKAR REDDY, NO. 1-203-A-341-1, RAMAKRISHNA COLONY, OPPO. POWER OFFICE, MARKAPURAM, PRAKASHAM DISTRICT, ANDHRA PRADESH - 523371. 5. BOMMIREDDY UMAMAHESWARA REDDY, S/O LATE BOMMI REDDY SANKAR REDDY, NO. 1-203-A-341-1, RAMAKRISHNA 2 COLONY, OPPO. POWER OFFICE, MARKAPURAM, PRAKASHAM DISTRICT, ANDHRA PRADESH - 523371. 6. BOMMIREDDY HEMANTH KUMAR REDDY, S/O LATE BOMMI REDDY SANKAR REDDY, NO. 1-203-A-341-1, RAMAKRISHNA COLONY, OPPO. POWER OFFICE, MARKAPURAM, PRAKASHAM DISTRICT, ANDHRA PRADESH - 523371. ...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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a WRIT OF MANDAMUS, declaring the action of the respondents, more particularly the 1st respondent ,. Bank, in issuing the Sale Notice dated 06.03.2026 under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with proviso to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, proposing to conduct e-auction of the schedule property, without considering the objections submitted by the petitioner pursuant to the orders of this Hon'ble Court in W.P. No. 10341 of 2024, as illegal, arbitrary, unconstitutional and violative of Articles 14, 19 and 300-A of the Constitution of India Consequently, direct the 1st respondent Bank not to take any coercive steps, including dispossession of the petitioner or proceeding with auction/sale of the petition schedule property pursuant to the Sale Notice dated 06.03.2026 or any consequential proceedings arising therefrom, and further, direct the 2nd respondent to consider and allow the Interlocutory Application filed in S.A. No. 105 of 2025, for setting aside the dismissal order dated 30.04.2025 and to restore S.A. No. 105 of 2025 on file of Debut Recovery Tribunal, Visakhapatnam 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 to direct the 1st respondent Bank not to take any coercive steps, including dispossession of the petitioner or proceeding with auction/sale of the petition schedule property pursuant to the Sale Notice dated 06.03.2026 or any consequential proceedings arising there from, in the interest of justice and pass 3 Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. The Court made the following: 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.11970 of 2026 ORDER:(Per Hon’ble Sri Justice Battu Devanand) Heard learned counsel for the petitioner and perused the material available on record. 2. Aggrieved by the Sale Notice of immovable property of the petitioner issued on 06.03.2026, under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, read with proviso to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, proposing to conduct e-auction of the schedule property on 24.03.2026, the present writ petition is filed. 3. It appears that, as per the petitioner, the auction has already been postponed from 24.03.2026. 4. However, on careful perusal of the material available on record, we are not inclined to interfere with that aspect. Admittedly, S.A.No.105 of 2025, filed by the petitioner before the Debt Recovery Tribunal, Visakhapatnam, was dismissed for default by order dated 30.04.2025. 5. Seeking to restore the same, it appears that the petitioner has filed a petition in the month of May, 2025 before the Debt Recovery Tribunal, Visakhapatnam. Though the petitioner filed a copy of the affidavit and the petition filed under Section 22(2)(g) of the Recovery of Debts Due to Banks 5 and Financial Institutions Act, 1993, at least the I.A. number is also not furnished. However, learned counsel for the petitioner submits that the said petition is still pending before Debt Recovery Tribunal, Visakhapatnam. 6. In our considered view, this writ petition can be disposed of with a direction to the Debt Recovery Tribunal, Visakhapatnam, to consider the petition filed by the petitioner seeking restoration of S.A.No.105 of 2025, which was dismissed for default by order dated 30.04.2025, to meet the interest of justice. 7. Accordingly, this writ petition is disposed of with a direction to the Debt Recovery Tribunal, Visakhapatnam, to consider the petition filed under Section 22(2)(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, in S.A.No.105 of 2025 in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 8. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A. HARI HARANADHA SARMA Date: 30.04.2026 SA 6 61 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.11970 of 2026 Date: 30.04.2026 SA