APHC010033422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY, THE TWENTY SEVENTH 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: 2145/2026 Between: 1. REDDY RAW RICE MILL, REP BY ITS MANAGING PARTNER SRI. MARAM RAGHAVAREDDY, S/O LATE PEDA RAGHAVA REDDY, HINDU AGED ABOUT 55 YEARS, RESIDENT OF D.NO. 11-33-970/C, UPSTAIRS, VENGALRAO NAGAR, NEAR Z.P. BOYS HOSTELS, KAVALI SPSR NELLORE DISTICT-524201, ANDHRA PRADESH. 2. 2. SRI MARAM CHINA RAGHAVA REDDY, S/O LATE PEDA RAGHAVA REDDY, HINDU AGED ABOUT 50 YEARS, RESIDENT OF D. NO. 11- 33-970/C, UPSTAIRS, VENGALRAO NAGAR, NEAR Z.P. BOYS HOSTELS, KAVALI SPSR NELLORE DISTICT-524201, ANDHRA PRADESH. 3. 3. MARAM RAKESH KUMAR REDDY, S/O. LATE PEDA RAGHAVA REDDY, AGED ABOUT 31 YEARS, RESIDENT OF D. NO. 11-33- 970/C, UPSTAIRS, VENGALRAO NAGAR, NEAR Z.P. BOYS HOSTELS, KAVALI SPSR NELLORE DISTICT-524201, ANDHRA PRADESH. 4. 4. MARAM PADMA,, W/O. RAGHAVA REDDY, AGED ABOUT 47 YEARS, RESIDENT OF D. NO. 11-33-970/C, UPSTAIRS, VENGALRAO NAGAR, NEAR Z.P. BOYS HOSTELS, KAVALI SPSR NELLORE DISTICT-524201, ANDHRA PRADESH. 5. 2 CMR,J & GTK,J W.P.No.2145 of 2026 5. MARAM GITA KUMARI,, W/O. CHINA RAGHAVA REDDY, AGED ABOUT 43 YEARS, RESIDENT OF D. NO. 11-33-970/C, UPSTAIRS, VENGALRAO NAGAR, NEAR Z.P. BOYS HOSTELS, KAVALI SPSR NELLORE DISTICT-524201, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE AUTHORIZED OFFICER, CANARA BANK, KAVALI BRANCH, SITUATED AT D. NO.10-15, TRUNK RIAD, BESIDE RDO OFFICE, KAVALI, SPSR NELLORE DISTRICT-524201, ANDHRA PRADESH. 2. 2. THE BRANCH MANAGER, CANARA BANK, SITUATED AT D. NO.10- 15, TRUNK ROAD, BESIDE RDO OFFICE, KAVALI, SPSR NELLORE DISTRICT-524201, 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 to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in issuing the fresh E-auction sale notice dated 03.01.2026, and sale is going to be conducted on 28.01.2026, while the appeal and stay applications are pending for consideration before the DRT in I.A. No. 278 of 2026 along with Amendment I.A. No.277 of 2026 in S.A. No.445 of 2023 on 20.01.2026 as illegal, arbitrary and one without jurisdiction and consequently suspend the E-auction Sale Notice, dated 03.01.2026 until deciding the interlocutory application by the Hon'ble DRT. Counsel for the Petitioner(S): 1. Counsel for the Petitioner(S): 1. ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 1. The Court made the following: 3 CMR,J & GTK,J W.P.No.2145 of 2026 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard the learned counsel for the petitioners. 2. Challenging the measures initiated by the Bank for realization of the loan amount, the petitioners have already approached the Debts Recovery Tribunal, Visakhapatnam, by way of filing S.A.No.445 of 2023. Along with the said Securitization Application, the petitioners have also filed an interlocutory application seeking interim relief. However, pending adjudication of the said application, the petitioners have again approached the Writ Court and sought to maintain parallel proceedings, which is not permissible under law. Therefore, we are not inclined to interfere in the matter or to permit the petitioners to pursue parallel proceedings before the Tribunal and this Court. 3. It is contended by the learned counsel for the petitioners that, as the Presiding Officer of Tribunal is on leave, the petitioners were constrained to approach this Court. Even if the Presiding Officer is on leave, as In-charge Officer will be there, the petitioners can move the matter before the In-charge Officer in case of any urgency. Therefore, we are not inclined to interfere in the matter. 4. Accordingly, the Writ Petition is disposed of with a direction to the petitioners to pursue their remedy before the Debts Recovery Tribunal, Visakhapatnam, where they have already initiated proceedings challenging the impugned proceedings. If the petitioners move an application before the In-charge Officer of the Tribunal, the In-charge Officer shall hear the same 4 CMR,J & GTK,J W.P.No.2145 of 2026 and pass appropriate orders in accordance with law, in view of urgency urged by the petitioners. 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: 27.01.2026 ARB 5 CMR,J & GTK,J W.P.No.2145 of 2026 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 2145/2026 (per Hon’ble Sri Justice Cheekati Manavendranath Roy) 27.01.2026 ARB