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2026 DAILYLAW 17367 (AP)

THE GOWTHAMI ONGC OFFICERS COOPERATIVE HOUSING SOCIETY LTD v. THE STATE OF AP

WP/5000/2026 · 2026-02-23

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2026

Judgment text

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APHC010083552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY,THE TWENTY FOURTH 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: 5000/2026 Between: 1. THE GOWTHAMI ONGC OFFICERS COOPERATIVE HOUSING SOCIETY LTD, REP. BY ITS PRESIDENT SMT. KOMARAGIRI RADHA RANI W/O DURGA VENKATA LAKSHMI NARASIMHA PRASAD, AGED 63 YEARS, RESIDENT OF FLAT NO.G-2 SAL RAM PLAZA, GANDHIPURAM -2 RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP.BY THE PRINCIPAL SECRETARY, STAMPS AND REGISTRATIONS DEPARTMENT, AP SECRETARIAT,VELAGAPUDI, AMARAVATI. 2. THE SUBREGISTRAR, O/O. THE SUB- REGISTRAR,INNES PETA, RAJAHMUNDRY,ANDHRA PRADESH. 533101 3. UCO BANK, ASSET MANAGEMENT BRANCH, HYDERABAD D.NO.3- 1108, GROUND FLOOR, NAVABHARAT CHAMBERS, RAJ BHAVAN ROAD, HYDERABAD,STATE OF TELENGANA.500082 4. M/S GBR CONSTRUCTIONS PRIVATE LIMITED, EARLIER REPRESENTED BY CHENCHU DAYAKARA REDDY (DEAD). PLOT NO.226, BLOCK-ILL,ROAD NO.78,JUBILEE HILLS COOPERATIVE HOUSING SOCIETY, JUBILEE HILLS,HYDERABAD-500033 ALSO AT PLOT NO.115,ROAD NO.71,NAVANIRMAN NAGAR, HYDERBAD- 500033 ALSO AT D.NO.82-4-9/3, PLOT NO.33, VIDYUTH NAGAR, AV 2 APPARAO ROAD, RAJAHMUNDRY. 533103 5. MR GUNNAMREDDY MADHUSUDHAN REDDY, S/O LATE SRI CHENCHU DAYAKARA REDDY (DIRECTOR AND SON AND LEGAL HEIR OF LATE G.CHENCHU DAYAKARA REDDY AND PERSONAL GUARANTOR),FLAT NO.N-101, 1ST FLOOR, AKSHAY AND NAGRAJ APARTMENT SUNCITY LAYOUT ,4RT CROSS , KODATHI VILLAGE ROAD, KODATHI- BENGALURU. 560035 6. SMT GEDDAM AURNA REDDY, D/O G.CHENCHU DAYAKARA REDDY AND PERSONAL GUARANTOR, FLAT NO.N-101, 1ST FLOOR, AKSHAY AND NAGRAJ APARTMENT SUNCITY LAYOUT ,4RT CROSS , KODTHI VILLAGE ROAD, KODATHI- BENGALURU ...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 WRIT OF MANDAMUS declaring the action of the 3rd respondent Bank in proceeding to issue and register Sale Certificate pursuant to auction conducted on 28-01-2026 in respect of Plot Nos. 25, 33 and 26 situated at Rajamahendravaram pending adjudication of S.A. No. 110 of 2026 before the Debts Recovery Tribunal, Visakhapatnam wherein the impugned unauthorized and unilateral mortgage allegedly created by the erstwhile President of the petitioner Society without any resolution or approval of the General Body and in violation of the registered bye-laws of the Society and thereby issuing e-auction notice dated 23-12-2025 in the name of a deceased person as representative of the 2nd respondent company is challenged as illegal, arbitrary, without jurisdiction and violative of Articles 14 and 300-A of the Constitution of India and also may be pleased to direct the respondents, particularly the 3rd respondent Bank and the 2nd respondent Sub-Registrar, not to issue, register or give effect to any Sale Certificate or conveyance deed in respect of the schedule properties pursuant to the said auction, pending adjudication of S.A. No. 110 of 2026 before the Debts Recovery Tribunal, Visakhapatnam 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 direct respondents to maintain status quo as on today in respect of Plot Nos. 25, 33 and 26 situated at Rajamahendravaram and not to issue, register or give effect to any Sale Certificate pursuant to the auction dated 28- 3 01- 2026, pending disposal of S.A. No. 110 of 2026 before the Debts Recovery Tribunal, Visakhapatnam and pass Counsel for the Petitioner: 1. RAJA MANURI VENKATA SUMANTH Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: 4 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5000/2026 ORDER: (Per Sri Justice Cheekati Manavendranath Roy) Heard Sri R.M.V.Sumanth, the learned counsel for the petitioner. 2. The petitioner seeks to challenge the proceedings of the 3rd respondent- Bank in issuing the Sale Certificate to the auction purchaser pursuant to the auction that was conducted on 28.01.2026 in respect of the secured asset. The petitioner has already approached the Debt Recovery Tribunal (DRT) by way of filing a Securitization Application in S.A.No.110 of 2026 on the file of the DRT, Visakhapatnam and the same is pending adjudication. However, during pendency of the said application, he has again approached this Court challenging the same proceedings. Therefore, he cannot maintain parallel proceedings challenging the same proceedings before the Tribunal as well as before the High Court. So, we are not inclined to entertain this writ petition. 3. Therefore, the Writ Petition is disposed of with a direction to the petitioner to pursue his remedy before the Debt Recovery Tribunal, where his Securitization Application in S.A.No.110 of 2026 is pending adjudication. 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: 24.02.2026 KA 5 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5000/2026 Date: 24.02.2026 KA