APHC010065002026 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: 3827/2026 Between: 1. Y ANIL KUMAR REDDY, S/O. Y. PULLA REDDY, AGED ABOUT 51 YEARS, R/O. D.NO.1/2, GROUND FLOOR, SY.NO.127-A, VALLIPEDU VILLAGE AND PANCHAYAT, CHILLAKUR MANDAL, SPSR NELLORE DISTRICT - 51732 ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS SECRETARY, FINANCE DEPARTMENT, SOUTH BLOCK, NEW DELHI -110011 2. THE HINDUJA HOUSING FINANCE LIMITED, REP. BY ITS AUTHORISED SIGNATORY, 27A, 2ND FLOOR, DEVELOPED INDUSTRIAL ESTATE, GUINDY, CHENNAI, TAMILNADU - 600032 3. THE HINDUJA HOUSING FINANCE LIMITED, REP. BY ITS MANAGER, D.NO.26-2-2252, 1ST FLOOR, VENKATA REDDY NAGAR, AYYAPPA TEMPLE ROAD, NELLORE, ANDHRA PRADESH - 524 004 4. THE PRINCIPAL SENIOR CIVIL JUDGECUMCHIEF JUDICIAL MAGISTRATE, REP. BY THE REGISTRAR, DISTRICT COURT COMPLEX, SPSR NELLORE DISTRICT - 524001 5. Y ASHOK KUMAR REDDY, S/O. PULLA REDDY, AGED ABOUT 50 YEARS, R/O. D.NO. 1/2, GROUND FLOOR, SY.NO.127-A, VALLIPEDU VILLAGE AND PANCHAYAT, CHILLAKUR MANDAL, 2 CMR,J & GTK,J W.P.No.3827 of 2026 SPSR NELLORE DISTRICT - 517325 6. MR N SRAVAN KUMAR, ADVOCATE COMMISSIONER, NELLORE CITY, SPSR NELLORE DISTRICT - 524001 ...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 order or direction more particularlyone in the nature of Writ of Mandamus declaring the action of the 2nd Respondent herein in trying to dispossess the Petitioner herein, by relying on a warrant issued by the 4th Respondent herein in Criminal M.P.No.350 of 2025 (CF 1200 of 2024) dated 24.11.2025 on the file of Principal Senior Civil Judge- cum-Chief Judicial Magistrate, SPSR Nellore, in respect to premises at Sy.No.127-A, Door No.1/2, comprising of 15 Ankanams / 120 sq.yards of slab level building in both Ground and First Floors of Vallipedu Village and Panchayat, Chillakur Mandal, SPSR Nellore District, as illegal, one without jurisdiction, violative of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and also the Rules framed thereunder apart from it being violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India and consequently set-aside the same 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 stay all further proceedings pursuant to the Order, dt.24.11.2025 in Crl.M.P.No.350/2025 (CF 1200 of 2024) passed by the 4th Respondent herein pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. W.V.B. SHRAVAN. Counsel for the Respondent(S): 1. The Court made the following: 3 CMR,J & GTK,J W.P.No.3827 of 2026 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. The notice issued by the Advocate Commissioner appointed by the learned Magistrate under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as <SARFAESI Act=) to take possession of the secured asset is sought to be challenged in this writ petition on the ground that the petitioner is the owner of the said property and he is not a borrower or the guarantor and the said property was erroneously included in the mortgaged property to the Bank as per the deposit of the title deed. 3. Even on the said ground relating to the grievance of the petitioner, the petitioner got an efficacious remedy of approaching the Debts Recovery Tribunal by way of filing a securitization application under Section 17 of the SARFAESI Act. But without approaching the Tribunal, he has invoked the writ jurisdiction of this Court. The Apex Court has time and again deprecated the practice of High Courts entertaining the writ petitions when the parties approach the High Court without approaching the Tribunal, which is constituted under special enactment with special mechanism for redressal of such grievances under the SARFAESI Act. Therefore, we are not inclined to entertain the writ petition. 4 CMR,J & GTK,J W.P.No.3827 of 2026 4. Therefore, the Writ Petition is disposed of with a direction to the petitioner to approach the Debts Recovery Tribunal concerned seeking redressal of his grievance. 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 BMS