APHC010019512026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE WRIT PETITION NO: 1186/2026 Between: 1. RACHANURI VIJAYALAKSHMI, W/O. DURGA RAO, AGED ABOUT 54 YEARS, DOOR NO. 29 BAI PETA, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH 520010 1. HOME FIRST FINANCE COMPANY INDIA LTD, REP. BY ITS AUTHORIZED OFFICER, REGISTERED OFFICE 511, ACME PLAZA, ANDHERI KURLA ROAD, ANDHERI EAST, MUMBAI 2. PADALA SAMBASIVA RAO BORROWER, YEARS, RESIDING AT D.NO. SEETANNAPETA, GANDHI NAGAR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH 3. SMT PADALA NIRMALA DEVI CO BORROWER, W/O. SAMBASIVA RAO, AGED 48 YEARS, RESIDING AT D.NO APPANNA STREET, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH 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, order or Orders more particularly one in the nature of IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 1186/2026 RACHANURI VIJAYALAKSHMI, W/O. DURGA RAO, AGED ABOUT 54 YEARS, DOOR NO. 29-14-46, PUSHPA HOTEL CENTRE, KASTURI BAI PETA, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH ...PETITIONER AND HOME FIRST FINANCE COMPANY INDIA LTD, REP. BY ITS AUTHORIZED OFFICER, REGISTERED OFFICE 511, ACME PLAZA, ANDHERI KURLA ROAD, ANDHERI EAST, MUMBAI - 400059 2. PADALA SAMBASIVA RAO BORROWER, S/O. GURUVULU, AGED 48 NG AT D.NO. 25-9-11, JAMI APPANNA STREET, SEETANNAPETA, GANDHI NAGAR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520003 3. SMT PADALA NIRMALA DEVI CO BORROWER, W/O. SAMBASIVA RAO, AGED 48 YEARS, RESIDING AT D.NO. 25 APPANNA STREET, SEETANNAPETA, GANDHINAGAR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520003 ...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 issue a Writ, order or Orders more particularly one in the nature of IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE NINETEENTH DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY SRI JUSTICE TUHIN KUMAR GEDELA RACHANURI VIJAYALAKSHMI, W/O. DURGA RAO, AGED ABOUT 54 46, PUSHPA HOTEL CENTRE, KASTURI BAI PETA, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - ...PETITIONER HOME FIRST FINANCE COMPANY INDIA LTD, REP. BY ITS AUTHORIZED OFFICER, REGISTERED OFFICE 511, ACME PLAZA, 400059 2. S/O. GURUVULU, AGED 48 11, JAMI APPANNA STREET, SEETANNAPETA, GANDHI NAGAR, VIJAYAWADA, NTR DISTRICT, SMT PADALA NIRMALA DEVI CO BORROWER, W/O. SAMBASIVA . 25-9-11, JAMI APETA, GANDHINAGAR, 520003 ...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 issue a Writ, order or Orders more particularly one in the nature of 2 CMR,J & GTK,J W.P.No.1186 of 2026 a WRIT OF MANDAMUS declaring the action of the Respondent No.1 through Advocate Commissioner by name Vandrasi Koushik, trying to dispossess the petitioner from the house property bearing D.No.40-17-283B, Plot No.8, Patamata, Vijayawada by affixing a notice dt.30.12.2025 to take the physical possession of the schedule property, as illegal, arbitrary, unconstitutional and violative of principles of natural justice consequently direct the respondent no.1 to withdraw the proceedings under SARFAESI Act against the property situated at R.S. No. 28/2, Door No. 40-17-283 B, Plot No. 8, Assess No. 1073190999, Patamata, Vijayawada Municipal Corporation Area, N.T.R. Districtin in an Extent of 63/2 Sq. Yds and G 2 building therein by receiving outstanding dues from the petitioner within a reasonable time as may fixed by this Hon’ble Court which shall be recoverable from the 2d respondent 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 Counsel for the Petitioner: 1. ANASURI ESWAR SAI Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.1186 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. Owing to the fact that respondent Nos.2 and 3, who are the borrower and co-borrower committed default in repayment of loan amount availed by them from the 1st respondent-Finance Company, the 1st respondent has initiated measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the Act’). Notice under Section 13(4) of the Act was given to take possession of the said property by appointing an advocate commissioner to that effect. Challenging the same, the petitioner, who is a third party, filed securitization application No.9 of 2026 before the Debts Recovery Tribunal, Visakhapatnam. According to the petitioner, she is the owner of the secured asset and respondent Nos.2 and 3 by playing fraud have subjected the said property to mortgage to the Finance Company for the loan availed by them. 3. Even though the petitioner is a third party to the loan transaction, she can as well challenge the proceedings initiated by the 1st respondent-Finance Company under the Act by way of filing securitization application before the Debts Recovery Tribunal, as she clearly comes within the expression “any person” used in Section 17 of the Act. In fact, she has already approached the Debts Recovery Tribunal by way of filing securitization application. The same is pending adjudication before the said Tribunal. It is stated that the said application is posted to 06.02.2026. Therefore, she has to pursue her remedy before the Tribunal, where she has already approached seeking redressal of her grievance. She cannot maintain parallel proceedings before the Tribunal and before this Court. 4. Therefore, we are not inclined to interfere in the matter and to entertain the writ petition. 4 CMR,J & GTK,J W.P.No.1186 of 2026 5. So, the Writ Petition is disposed of with a direction to the petitioner to pursue her remedy before the Tribunal. 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: 19.01.2026 MDP