APHC010034072026 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: 2142/2026 Between: 1. PRATHIPATI SRIHARI, S/O P. VENKATA SUBBARAO, AGED 62 YEARS, R/O D.NO.23-16-40, HARIPURAM, RAJ AMAHENDRAVARAM EAST GODAVARI DISTRICT. 2. PRATHIPATI SATYA VENKATA SURESH,, S/ O P. SRIHARI, AGED 35 YEARS, R/O D.NO.23-16-40, HARIPURAM, RAJ AMAHENDRAVARAM EAST GODAVARI DISTRICT. 3. PRATHIPATI KASI VISESWARA PRASAD,, S/O P. HARICHANDRA PRASAD, AGED 36 YEARS, R/ O D. NO.23-16-40, HARIPURAM, RAJ AMAHENDRAVARAM EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE RESERVE BANK OF INDIA, REP BY ITS GOVERNOR, REGIONAL OFFICE, VIJ AYAWADA-520001. STATE OF ANDHRA PRADESH. 2. M/S DCB BANK LIMITED, REP BY ITS AUTHORISED OFFICER, TUMMALA MURALI, S / O T. VENKATA RAO, R/O D.NO.29-37-23, NEAR VIJETHA HOSPITAL,ELURU ROAD, VIJ AYAWADA- 520002. 3. ADITYA TRADERS, THROUGH ITS PROPRIETOR YAPADI NAGESWARA RAO, R/O D.NO.2-14 1/1, TUMMALAVA ROAD, RAJ AMAHENDRAVARAM-533101. EAST GODAVARI DISTRICT. 4. YAPADI NAGESWARA RAO, S/O Y.RAMANA, AGED 49 YEARS R/O D.NO.23-16-40, LALITHA NAGAR, LAYOUT PLAT NO.143 RAJ AMAHENDRAVARAM-533105. EAST GODAVARI DISTRICT. 5. YAPADI LALITHA KUMARI, W/O YAPADI NAGESWARA RAO, AGED 45 YEARS, R/O D.NO.23-16-40, LAYOUT PLAT NO.143, HARIPURAM, LALITHA NAGAR, RAJAMAHENDRAVARAM-533105. EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 CMR,J & GTK,J W.P.No.2142 of 2026 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 a writ, order or direction, more particularly, one in the nature of Writ of Mandamus by (i) declaring the action of the 2nd Respondent in obtaining orders of physical possession U/Sec. 14 of SARFAESI Act in Crl.M.P.No.586 of 2025, dt.23-12-2025 passed by the Court of the Chief Judicial Magistrate, Rajamahendravaram, to take physical possession over the three floor building bearing D.No.23-16-40, T.S.No.811 and 812 10th Ward, Plot No.143, Haripuram, Rajamahendravaram, East Godavari District, without any valid mortgage created over the said property, but proceeding to take physical possession is nothing but arbitrary, illegal, unlawful, highhanded and in violation of the Fundamental Rights of the Petitioner guaranteed under Art. 14, 21 and 300-A of the Constitution of India, and in violation of Principles of Natural Justice by consequently set-aside the Orders in Crl.M.P.No.586 of 2025, dt.23-12-2025 passed by the Court of the Chief Judicial Magistrate, Raj amahendravaram, (ii) by further consequently directing Respondent no.1 to initiate action against Respondent no.2 in adopting unlawful methods while initiating securitization proceedings against the Petitioners' building, 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 pleased to Grant Interim Stay of all proceedings of the further execution of the Orders dt.23-12-2025 passed in Crl.M.P.No.586 of 2025 by the Chief Judicial Magistrate, Rajamahendravaram, thereby not to take physical possession of the petitioners' building bearing D.No.23-16-40, T.S.No.811 & 812, 10th Ward, Plot No.143 Haripuram, Rajamahendravaram, East Godavari District, until further orders of this Hon'ble Court pending disposal of Writ Petition„ and pass Counsel for the Petitioner(S): 1. P RAJESH BABU Counsel for the Respondent(S): 1. The Court made the following: 3 CMR,J & GTK,J W.P.No.2142 of 2026 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal and to file an application under Section 17 of the SARFAESI Act, stating that possession of the property was taken by the Bank after filing the present writ petition. 2. Heard Ms.Ameena Rehman, learned counsel for the respondent- Bank, who stated that the Bank has taken possession of the secured asset. 3. Permission as sought for by the learned counsel for the petitioners is accorded. 4. Therefore, the Writ Petition is dismissed as withdrawn, granting liberty as prayed for. There shall be no order as to costs 5. As a sequel, Miscellaneous Applications pending, if any, shall stand closed. ________________________________________ CHEEKATI MANAVENDRANATH ROY, J _______________________ TUHIN KUMAR GEDELA, J Date : 10-02-2026 Note: Issue CC by 12.02.2026 B/o BMS