APHC010001012026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.544 of 2026 Between: 1. TANGA KAMESWAARI, W/O VENKATA SRIDHAR, R/O D.NO. 6-8-32, 14 WARD, SRUGARAPURAM, BAPATLA, BAPATLA DISTRICT - 522 006, ANDHRA PRADESH. ...PETITIONER AND 1. THE AUTHORIZED OFFICER, STATE BANK OF INDIA, AU COLLEGE ROAD, BAPATLA, BAPATLA DISTRICT- 522102. 2. THE BRANCH MANAGER, STATE BANK OF INDIA, AU COLLEGE ROAD, BAPATLA, BAPATLA DISTRICT, ANDHRA PRADESH - 522102. 3. THE PRESIDING OFFICER, DEBT RECOVERY TRIBUNAL, VIZAG - 530020. ...RESPONDENT(S): Counsel for the Petitioner: 1. KRISHNA KISHORE BHATRAJU Counsel for the Respondent(S): 1. T. AVIL KUMAR The Court made the following: 2 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.544 of 2026 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. Challenging the measures initiated by the respondent-bank against the petitioner, who is the principal borrower and who committed default in repayment of the loan amount availed by her from the bank, the petitioner has already approached the Debts Recovery Tribunal, Visakhapatnam, by way of filing S.A.No.600 of 2025 under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 8the SARFAESI Act9). However, during the pendency of the said proceedings, the petitioner has filed this writ petition challenging the notice issued for taking possession of the property, which is the secured asset. 3. In the aforesaid S.A., the petitioner has also filed an interlocutory application in I.A.No.4710 of 2025, seeking stay of the proceedings initiated by the bank. The same stood posted to yesterday i.e., on 06.01.2026. Therefore, the petitioner has to pursue her remedy before the Debts Recovery Tribunal, which is the appropriate forum, in the said interlocutory application. 4. Even though it is stated by the learned counsel for the petitioner that the said I.A. is posted to 09.01.2026, the petitioner9s own pleadings in para 4 of the writ petition show that the I.A. stood posted to yesterday i.e., 06.01.2026. Therefore, there is no truth in the 3 submission made that the I.A. is posted to 09.01.2026. Even if it is posted to 09.01.2026, it is not too far a date and it is only posted to day after tomorrow. So, the petitioner can as well pursue her remedy before the Debts Recovery Tribunal. Therefore, in the said facts and circumstances of the case, we are not inclined to interfere in the matter and to entertain the writ petition. 5. Therefore, the writ petition is disposed of with a direction to the petitioner to pursue her remedy before the Debts Recovery Tribunal, Visakhapatnam, where the aforesaid S.A.No.600 of 2025 and I.A.No.4710 of 2025 filed by her are pending adjudication. As a sequel, interlocutory applications, if any pending, in this case shall stand closed. There shall be no order as to costs. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY ______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 07.01.2026 IBL 4 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.544 of 2026 Dt: 07.01.2026 IBL