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2026 DAILYLAW 14965 (AP)

CANARA BANK v. THE STATE OF ANDHRA PRADESH

WP/1852/2026 · 2026-02-09

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2026

Judgment text

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APHC010019702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 1852/2026 Between: 1. CANARA BANK, REP BY ITS CHIEF MANAGER / AUTHORIZED OFFICER, CSVL NARASIMHA SARMA, S/O. CVL NARASIMHAM, AGED ABOUT 45 YEARS, CANARA BANK, GUNTUR MAIN-1 BRANCH, HINDU HIGH SCHOOL CAMPUS, KOTHAPET, GUNTUR - 522001, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE (REGISTRATION AND STAMPS), SECRETARIAT, VELAGAPUDI, AMARAVATI - 522238. 2. THE DISTRICT REGISTRAR, GUNTUR DISTRICT, GUNTUR - 522004. 3. THE JOINT SUBREGISTRAR, GUNTUR, GUNTUR DISTRICT - 522004. 4. YELURI YEDUKONDALU, S/O KOTAIAH, AGED ABOUT 52 YEARS, R/O GALAXY PRIME APARTMENT, 3RD LINE, PATTABHIPURAM, GUNTUR, GUNTUR DISTRICT-522006. 5. MITTAPALLI RAMESH BABU, S/O PANDU RANGA RAO, AGED ABOUT 62 YEARS, R/O D.NO. 4-19-94/1, 6TH LANE, VIKAS NAGAR, 2 CMR,J & GTK,J W.P.No.1852 of 2026 GUNTUR, GUNTUR DISTRICT-522006. 6. M/S DEVI TOBACCO EXPORTS, REPRESENTED BY ITS MANAGING PARTNER SRI NARESH AMIRINENI, R/O. D.NO. 4-19-94/1, 6TH LANE, VIKAS NAGAR, GUNTUR, GUNTUR DISTRICT-522006 7. SMT SILPA SINDHOORA KADIYALA, D/O BALA KOTESWARA RAO, AGED MAJOR, RIO FLAT NO. 305, CHANDRAMOULI NAGAR RING ROAD, MAYURI HOMES APARTMENTS, CHANDRAMOULI NAGAR, GUNTUR, ANDHRA PRADESH - 522007. 8. SRI PRATHYUSH VEERNALA, S/O GOLLAMANDALA SYAMALA, AGED MAJOR, R/O 9-29, PRASADAMPADU, RAMALAYAM ROAD, VIJAYAWADA (RURAL), RAMAVARAPPADU, KRISHNA DISTRICT, ANDHRA PRADESH - 521108. ...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 toPleased to issue an appropriate writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondent Nos. 1 to 3 especially respondent Nos. 2 and 3 in not deleting the subject property i.e., Guntur District, Guntur Sub District, Guntur Municipal corporation area, 6th lane, Arundelpet, Municipal Old Ward No.3, Block No.10, Town Survey No.558, 560, 561, Municipal Old Asst.No. 12269/Dn, present Municipal Old Asst.No.1021045140, present Municipal Door No.6- 6-91, an extent of 550 sq.yards of site, out of which an extent of 533.67 sq.yards of site and a RCC Daba house therein being bounded by EAST Municipal Road, SOUTH Property of Damaraju Gopala Krishna Murthy And compound wall of this property, AGAIN EAST Property of Damaraju Gopala Krishna Murthy And compound wall of this property, AGAIN SOUTH Municipal Road, WEST Property of Bruguband Venkata Ramanaiah and compound wall of this property, NORTH Property of Kidambi padmavathamma and Compound wall of this property, AGAIN WEST Property of Kidambi padmavathamma and Compound wall of this property, AGAIN NORTH Property of Kidambi padmavathamma and Compound wall of this property. Within the above boundaries an extent of 533.67 sq.yards equalent 446.22 sq.meters of site within ground and first floor RCC Daba house from the prohibited list of properties as bad, arbitrary, illegal, contrary to the provisions of the SARFAESI Act, 2002 and violative of Articles 14 and 3 CMR,J & GTK,J W.P.No.1852 of 2026 300A of the Constitution of India and consequently direct the Respondent Nos. 1 to 3 especially respondent Nos. 2 and 3 to delete the subject property from the prohibited list i.e 22A of The Registration Act, 1908 and to 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 pleased to suspend the entry of subject property i.e., Guntur District, Guntur Sub District, Guntur Municipal corporation area, 6th lane, Arundelpet, Municipal Old Ward No.3, Block No.10 Town Survey No.558, 560, 561, Municipal Old Asst.No. 12269/Dn, present Municipal Old Asst.No.1021045140, present Municipal Door No.6-6-91, an extent of 550 sq.yards of site, out of which an extent of 533.67 sq.yards of site and a RCC Daba house therein being bounded by; EAST : Municipal Road, SOUTH: Property of Damaraju Gopala Krishna Murthy And compound wall of this property, AGAIN EAST: Property of Damaraju Gopala Krishna Murthy And compound wall of this property, AGAIN SOUTH Municipal Road, WEST Property of Bruguband Venkata Ramanaiah and compound wall of this property, NORTH Property of Kidambi padmavathamma and Compound wall of this property, AGAIN WEST Property of Kidambi padmavathamma and Compound wall of this property, AGAIN NORTH Property of Kidambi padmavathamma and Compound wall of this property. Within the above boundaries an extent of 533.67 sq.yards equalent 446.22 sq.meters of site within ground and first floor RCC Daba house from the prohibited list pending disposal of this Writ Petition and pass Counsel for the Petitioner: 1. HANUMANTHA RAO BACHINA Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: 4 CMR,J & GTK,J W.P.No.1852 of 2026 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to challenge the vires of the amended provisions of the Registration Act. 2. Permission is accorded. 3. Therefore, the Writ Petition is dismissed as withdrawn, granting liberty as prayed for. There shall be no order as to costs 4. As a sequel, Miscellaneous Applications pending, if any, shall stand closed. ________________________________________ CHEEKATI MANAVENDRANATH ROY, J _______________________ TUHIN KUMAR GEDELA, J Date : 10-02-2026 BMS