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2026 DAILYLAW 16490 (AP)

M/s.LAKSHMI AGENCIES v. BANK OF BARODA

WP/3729/2026 · 2026-02-11

Cheekati Manavendranath Roy, Venuthurumalli Gopala Krishna Rao

body2026

Judgment text

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APHC010059442026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3418] THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO WRIT PETITION NO: 3729/2026 Between: 1. M/S.LAKSHMI AGENCIES, LAKSHMI AGENCIES, REP. BY ITS PROPRIETRIX MATHAMSETTY MADHAVI, W/O. MATHAMSETTI NAGA VEERA VENKATA SATYANARAYANA, AGED 44 YEARS, OCCUPATION BUSINESS, D.NO. 10-7-5/1, DASARI VARI STREET, RANGREEZPETA, RAJAMAHENDRAVARAM-533 105 EAST GODAVARI DISTRICT. 2. MATHANNSETTY MADHAVI,, W/O. MATHAMSETTI NAGA VEERA VENKATA SATYANARAYANA, AGED 44 YEARS. OCCUPATION BUSINESS, R/O. D.NO. 10-7-5/1, DASARI VARI STREET, RANGREEZPETA, RAJAMAHENDRAVARAM-533 105 EAST GODAVARI DISTRICT. 3. MATHAMSETTI NAGA VEERA VENKATA SATYANARAYANA,, S/O. RAMALINGESWARA RAO, AGED 51 YEARS. OCCUPATION BUSINESS, R/O. D.NO. 10-7-5/1, DASARI VARI STREET, RANGREEZPETA, RAJAMAHENDRAVARAM-533 105 EAST GODAVARI DISTRICT. 4. MATHAMSETTI LAKSHMI,, W/O. RAMALINGESWARA RAO, AGED YEARS, R/O. D.NO. 10-7-5/1, DASARIVARI STREET, RANGREEZPETA, RAJAMAHENDRAVARAM-533 105, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. BANK OF BARODA, HEAD OFFICE BARODA BHAWAN, 7TH FLOOR, R.C.DUTT ROAD, BARODA (VADODARA)-390 007 GUJARAT 2 CMR,J & VGKR,J W.P.No.3729 of 2026 STATE. 2. BANK OF BARODA, REP. BY ITS BRANCH MANAGER, REGIONAL OFFICE 5TH FLOOR, 36-7-14 KONDURI SQUARE, INNISPETA, RAJAHNNUNDRY-533 102 3. AUTHORIZED OFFICER, BANK OF BARODA, REGIONAL OFFICE 5THFLOOR, 36-7-14, KONDURI SQUARE, INNISPETA, RAJAHNNUNDRY-533 102 ...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 a Writ or direction, more particularly one in the nature of a Writ of Mandamus, to i) Direct the 3rd Respondent not to proceed with the sale of the agricultural lands in R.S. Nos. 290, 346, 333, and 324/IB, the residential house bearing Door No. 10-7-5/1 constructed on 79.75 square yards in Rajahmandry, and the site in R.S. No. 166/2A, situated in Rajanagaram Village and Mandal, pursuant to the E-Auction Notice published under Rule 6(2) read with 8(6) of the SARFAESI Rules, as such proposed action is illegal, arbitrary, and in violation of Sections 26D and 31 (i) of the SARFAESI Act, 2002 and Article 21 and 300-A of Constitution of India. ii) Direct the 3rd Respondent/Authorised Officer not to proceed to realize the debt invoking provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Rule 8 6) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Rules. iii) Declare the proposed E-Auction dated 23-02-2026 as illegal, arbitrary, and in violation of Sections 26D and 31 (i) of the SARFAESI Act, 2002, as well as Rule 8(6) of the SARFAESI Rules, 2002. iv) 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 stay all further proceedings pursuant to the publication of the E- Auction Notice dated 17-01 -2026 for the sale of the agricultural lands in R.S. Nos. 290, 346, 333, and 324/IB, the residential house bearing Door No. 10-7- 5/1 constructed on 79.75 square yards in Rajahmandry, and the site in R.S. No. 166/2A, situated in Rajanagaram Village and Mandal, issued under Rule 8(6) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Rules, pending the disposal of the main writ petition, and to pass 3 CMR,J & VGKR,J W.P.No.3729 of 2026 Counsel for the Petitioner(S): 1. MALLAVOLU NIKITHA Counsel for the Respondent(S): 1. VANAPALLI MANIKANTA NAGASAI PRASAD The Court made the following: 4 CMR,J & VGKR,J W.P.No.3729 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Learned counsel for the petitioners seeks permission of the Court to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal, seeking redressal of their grievance. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn, granting liberty, as sought for. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _______________________________________________ JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO Date: 12.02.2026 SA/SCS 5 CMR,J & VGKR,J W.P.No.3729 of 2026 73 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY & THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO WRIT PETITION NO: 3729/2026 Date:- 12.02.2026 SA/SCS