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2026 DAILYLAW 14641 (AP)

ARIKATLA KISHORE CHOWDARY v. UNION OF INDIA

WP/798/2026 · 2026-01-27

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2026

Judgment text

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APHC010010052026 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 798/2026 Between: 1. ARIKATLA KISHORE CHOWDARY, S/O LATE RAJAGOPAL RAO, AGE 45 YEARS, D.NO.3 CAMP-1 KOWTHALAM, KURNOOL DISTRICT. A.P. 1. UNION OF INDIA, REP. BY ITS MANAGING DIRECTOR AND C.E.O., UNION BANK BHAVAN, NO.239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI 2. UNION BANK OF INDIA, REP. BY ITS REGIONAL MANAGER, FOURTH FLOOR, K.S. ICON SHOPPEL, BIRLA COM KURNOOL-518 002 3. UNION BANK OF INDIA, REP. BY ITS BRANCH MANAGER, OPP MUNICIPAL OFFICE ADONI, KURNOOL DISTRICT. A.P. 4. UNION BANK OF INDIA, REP. BY ITS AUTHORISED OFFICER, ADONI BRANCH, KURNOOL DISTRICT. A.P. 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 a writ or order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declari IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 798/2026 ARIKATLA KISHORE CHOWDARY, S/O LATE RAJAGOPAL RAO, AGE 45 YEARS, D.NO.3-43, SURVEY NO.50, KUMBALANURU 1 KOWTHALAM, KURNOOL DISTRICT. A.P. ...PETITIONER AND UNION OF INDIA, REP. BY ITS MANAGING DIRECTOR AND C.E.O., UNION BANK BHAVAN, NO.239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI-400 021. MAHARASHTRA STATE UNION BANK OF INDIA, REP. BY ITS REGIONAL MANAGER, FOURTH FLOOR, K.S. ICON SHOPPEL, BIRLA COM 518 002 UNION BANK OF INDIA, REP. BY ITS BRANCH MANAGER, OPP MUNICIPAL OFFICE ADONI, KURNOOL DISTRICT. A.P. UNION BANK OF INDIA, REP. BY ITS AUTHORISED OFFICER, ADONI BRANCH, KURNOOL DISTRICT. A.P. ...RESPONDENT(S): under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be issue a writ or order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the high handed action of the 3 IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE TWENTY EIGHTH DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA ARIKATLA KISHORE CHOWDARY, S/O LATE RAJAGOPAL RAO, 43, SURVEY NO.50, KUMBALANURU ...PETITIONER UNION OF INDIA, REP. BY ITS MANAGING DIRECTOR AND C.E.O., UNION BANK BHAVAN, NO.239, VIDHAN BHAVAN MARG, 400 021. MAHARASHTRA STATE UNION BANK OF INDIA, REP. BY ITS REGIONAL MANAGER, FOURTH FLOOR, K.S. ICON SHOPPEL, BIRLA COMPOUND, UNION BANK OF INDIA, REP. BY ITS BRANCH MANAGER, OPP MUNICIPAL OFFICE ADONI, KURNOOL DISTRICT. A.P. UNION BANK OF INDIA, REP. BY ITS AUTHORISED OFFICER, ...RESPONDENT(S): under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be issue a writ or order or direction, more particularly one in the ng the high handed action of the 3rd 2 CMR,J & GTK,J W.P.No.798 of 2026 respondent in mishandling the petitioner's Account No.000230100036145 and put for sale of the amount by impugned sale notice of the 4th respondent dated 30.12.2025 by non-mentioning the pending cases status and drastically reducing the value of the property, with a malafide intention to accommodate her near and dear, which is contrary to the procedure and highly objectionable, without jurisdiction, which is violation of Article 14 and 300- Aofthe Constitution of India, consequently set aside the same in the interest of justice. 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 grant stay of all further proceedings in pursuance of the proceedings the Notice in Ref.No.B/32/2025, dated 18.12.2025 issued by the respondent No.4, pending disposal of the above Writ Petition 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 advance the Writ petition from 12.02.2026 to 22.01.2026, since the Auction of the petitioner’s residential house is fixed by the respondents Bank on 28.01.2026 in the interest of justice. Counsel for the Petitioner: 1. KURITI BHASKARA RAO Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.798 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner and Mr. Nooka Jagannadham, learned counsel for the respondents. 2. Challenging the measures initiated by the Bank, for recovery of the loan amount from the petitioner, who is the principal borrower, the petitioner has already approached the Debts Recovery Tribunal seeking redressal of his grievance. It appears the said securitization application filed before the Debts Recovery Tribunal was dismissed and thereafter, the petitioner has also preferred an appeal before the Debts Recovery Appellate Tribunal. However, without pursuing his remedy before the appellate authority, the petitioner has approached this Court by way of filing the writ petition. 3. In the said facts and circumstances of the case, as the petitioner has already approached the appellate authority, we are not inclined to interfere in the matter and to entertain the writ petition. 4. Therefore, the Writ Petition is disposed of with a direction to the petitioner to pursue his remedy before the appellate authority where the appeal preferred by the petitioner is pending. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 28.01.2026 MDP