1 (RNT,J & BM,J W.P. NO.4410 OF 2026) APHC010079212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3572] MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 4410/2026 Between: 1. SMT. VUTUKURI LAKSHMI SAILAJA, W/O. V. SATYANARAYANA, AGED ABOUT 41 YEARS R/O D.NO.7-17-34, 6TH LANE SRINAGAR, GUNTUR GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. HDB FINANCIAL SERVICES LIMITED, REP. BY ITS AUTHORIZED OFFICER / LEGAL MANAGER SRI D.B.K. NAIK, S/O D.M.S. NAIK D.NO.76-8-10/1, FLAT NO.04 BHAVANI TOWERS, BESIDE UNION BANK OF INDIA BHAVANIPATNAM, VIJAYAWADA KRISHNA DISTRICT, ANDHRA PRADESH - 520012 2. M/S ASHA TRADERS, REPRESENTED BY ITS AUTHORIZED PERSON MR. SHAIK KHALEEL, D.NO.15-6-6, SHOP NO.7 ITUKULA BATTILA ROAD, OLD GUNTUR, GUNTUR - 522001. 3. SHEIK SALMA, W/O. SK. KHALEEL, AGE NOT KNOWN FLAT NO.5A, PUNNAIAH PRIDE APARTMENTS 6/3 CHANDRAMOULI NAGAR, GUNTUR - 522006 4. SHAIK KHALEEL, S/O. SK. MOULALI, AGED ABOUT 46 YEARS FLAT NO.5A, PUNNAIAH PRIDE APARTMENTS 6/3 CHANDRAMOULI NAGAR, GUNTUR - 522006 2 (RNT,J & BM,J W.P. NO.4410 OF 2026) ...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 particularly one in the nature of Mandamus declaring the E-Auction Sale Notice dated 27-01- 2026 issued by the 1st respondent under Rule 8(6) read with Rule 9(1) of the SARFAESI Act, 2002, fixing the auction on 17-02-2026 in respect of the property in an extent of 200 square yards together with RCC building bearing D.No. 15-6-2 situated at Old Guntur, Block No.2, New Ward No.17, T.S.No.18, Guntur, as illegal arbitrary, unjust and violative of Articles 14 and 300-A of the Constitution of India, particularly in view of the pendency of S.A.No.45 of 2024 before the Debts Recovery Tribunal, Visakhapatnam and Consequently to set aside the said E-Auction Sale Notice dated 27-01-2026 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 stay of all further proceedings pursuant to the E-Auction Sale Notice dated 27-01-2026 issued by the 1st respondent, including the auction scheduled on 17-02-2026 in respect of the property in an extent of 200 square yards together with RCC building bearing D.No. 15-6-2 situated at Old Guntur, Block No.2, New Ward No.17, T.S.No.18, Guntur, pending disposal of the above Writ Petition Counsel for the Petitioner: 1. ALAPATI LALITH NIKHIL Counsel for the Respondent(S): 1. The Court made the following: 3 (RNT,J & BM,J W.P. NO.4410 OF 2026) ORDER :-(per Hon’ble Sri Justice Ravi Nath Tilhari) Heard Sri A.Lalith Nikhil, learned counsel for the petitioner. 2. On a mention being made in the morning session citing urgency on the ground that the auction is scheduled for tomorrow, we permitted the matter to be taken up by way of Lunch Motion. 3. For the order proposed to be passed, notice to the respondent is dispensed with. 4. Learned counsel for the petitioner submits that the petitioner is not a borrower and had purchased the subject property from the 4threspondent on 09.10.2014, i.e., prior to the mortgage allegedly created by the 4threspondent in favour of the 1strespondent–Bank. 5. Aggrieved by the measures taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.(SARFAESI Act), the petitioner has filed S.A. No.45 of 2024 before the Debts Recovery Tribunal, Visakhapatnam (for short, “the Tribunal”), which is pending consideration. He submits that at the relevant point of time, when S.A., was filed, there was only an order passed by the Chief Judicial Magistrate for issuance of warrant of possession, and the petitioner had sought interim relief in the S.A, which matter is also still pending adjudication. 6. Learned counsel for the petitioner further submits that, in the meanwhile, an e-auction sale notice dated 27.01.2026 was issued fixing the date of auction as 17.02.2026. According to him, the said notice came to the 4 (RNT,J & BM,J W.P. NO.4410 OF 2026) knowledge of the petitioner only on 11.02.2026, which was also not published in any e-newspaper. He submits that the learned Presiding Officer of the Tribunal is on leave till 23.02.2026 and, therefore, the petitioner could not move an appropriate application in the pending S.A. seeking interim protection, and if the auction is conducted and finalized on 17.02.2026, the petitioner would suffer irreparable loss and injury. So, the writ petition before this Court. 7. Considering the submissions made by the learned counsel for the petitioner, and without expressing any opinion on the merits of the matter pending before the Tribunal in S.A., in view of the urgency and the Presiding Officer being on leave, in the ends of justice, the writ petition is being disposed of at the stage of admission, with the following directions : 1. The petitioner shall approach the Tribunal on 24.02.2026 by filing an appropriate application in S.A. No.45 of 2024 seeking such an interim relief as may be advised, 2. Upon such application being filed, the Tribunal shall take up the same on priority and fix a date of hearing within one week thereafter, and if so required by preponing the date already fixed. 3. The Tribunal shall consider and pass appropriate orders on the petitioner’s application, after affording due opportunity of hearing to all the concerned parties in the 5 (RNT,J & BM,J W.P. NO.4410 OF 2026) S.A., as expeditiously as possible, within a period of fifteen (15) days from the date, so filed as (supra). 4. The auction scheduled on 17.02.2026 may go on, but the same shall not be finalized and shall abide by the order to be passed by the Tribunal, subject of course to such remedy as may be open to the party aggrieved from the order the Tribunal. 8. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J _____________________ BALAJI MEDAMALLI,J Date :16.02.2026. RPD. 6 (RNT,J & BM,J W.P. NO.4410 OF 2026) 87 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI (DISPOSED OF) WRIT PETITION NO: 4410 OF 2026 Date: 16.02.2026 RPD.