1 APHC010219352026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 10946/2026 Between: 1. MANCHIKANTI SURENDRA,, S/O LATE M. VEERAIAH, R/O PLOT NO.403, WARD NO.81, RAGUNATH RESIDENCY, RAGHAVENDRA NAGAR, KALLUR, KURNOOL - 518 002 2. MANCHAKANTI SUDHARSHAN,, S/O LATE M. VEERAIAH, R/O PLOT NO.403, WARD NO.81, RAGUNATH RESIDENCY, RAGHAVENDRA NAGAR, KALLUR, KURNOOL - 518 00 ...PETITIONER(S) AND 1. M/S CENTRAL BANK OF INDIA, REP. BY ITS AUTHORIZED OFFICER, HAVING ITS REGISTERED OFFICE AT 40/359, PARK ROAD, VIDYA NAGAR, KURNOOL- 518 002, ANDHRA PRADESH. 2. THE BRANCH MANAGER, M/S CENTRAL BANK OF INDIA, (KURNOOL BRANCH) HAVING ITS REGISTERED OFFICE AT 40/359, PARK ROAD, VIDYA NAGAR, KURNOOL- 518 002, ANDHRA PRADESH. ...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 tomay 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 bank in issuing E- auction sale notice dated 06.01.2026, without hearing the petitioners and failing to adhere by the basic principles of natural justice as highly arbitrary, illegal, null and void, against principles of natural justice and consequently to set aside the same and to pass such 2 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 direct the respondents not to take any coercive steps, including dispossession of the petitioners from the secured asset, pending disposal of the writ petition and pass such 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 direct the respondents to consider and take appropriate decision over the petitioner's representation date: 21.04.2026 by affording an opportunity of personal hearing, pending disposal of the writ petition and pass such Counsel for the Petitioner(S): 1. ARRABOLU SAI NAVEEN Counsel for the Respondent(S): 1. The Court made the following: 3 THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA W.P. No.10946 of 2026 O R D E R: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma) 1. The present Writ Petition is filed with a prayer to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondentsbank in issuing the E- auction sale notice dated 06.01.2026, without hearing the petitioners, as illegal and to pass appropriate orders. 2(i). The case of the writ petitioners is that housing loan was availed by them from the respondent bank on assurances regarding low interest rate and other aspects of the loan etc. Housing loan of Rs.20,54,003.54/- was sanctioned and in order to secure the said loan, the petitioners mortgaged their residential property, being Flat No.403 in Raghunath Residency, Kurnool. (ii). E-auction sale notice dated 06.01.2026 was issued, proposing to conduct an auction on the ground of default, without following the prescribed procedural requirements. (iii). The petitioner in good faith and trusting the representations of the bank officials refrained from making payments for a limited period. The same has created to artificial default situation causing for declaration of the account as a Non-Performing Asset (NPA) and initiation of recovery proceedings. 4 (iv). The earlier demand notice dated 22.05.2023 under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) was not served in the prescribed manner and the initiation, issuance and service of the possession notice etc. are not correct. Therefore, the respondents shall be restrained by way of mandamus from taking coercive steps, including dispossession of the petitioners from the secured assets. (v). The petitioners claimed that they approached the Hon’ble Debt Recovery Tribunal (DRT) by filing S.A.No.121 of 2026 under Section 17 of the SARFAESI Act. There was interim protection. However, due to procedural complications relating to service of papers etc., the interim protection was not continued and the petitioners have already taken steps for extension of such protection. However, taking advantage of the absence of subsisting protection, steps are being taken by the respondents. 3. It appears from the material papers enclosed with the petition that vacation notice was issued by the Advocate Commissioner on 22.01.2026. The notice in terms of Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, is dated 17.10.2025. The remedies, if any, available to the petitioners ought to have been availed before the DRT in terms of the SARFAESI Act. A case for interference, in any form, is not made out. 5 4. In view of the above stated reasons, the Writ Petition is dismissed at the admission stage. However, the petitioners are at liberty to pursue remedies in accordance with law before the DRT. There shall be no order as to costs. 5. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A.HARI HARANADHA SARMA Date:05.05.2026 Knr 6 THE HON’BLE SRI JUSTICE BATTU DEVANAND and THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA W.P. No.10946 of 2026 Dt.05.05.2026 Knr