APHC010089112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] THURSDAY,THE NINETEENTH 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: 4894/2026 Between: 1. MURALA RATNA RAJU, C/O VENKATESWARA RAO, R/O. D.NO. 4- 175, MURALA VARI VEEDHI BYNAPALEM, LINGABOINA CHERLA, NARASAPURA, LINGANA BOINA CHERLA, WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534275. 2. MURALA ASHALATHA,MURALA RATNA RAJU,, C/O VENKATESWARA RAO, R/O. D.NO. 4-175, MURALA VARI VEEDHI BYNAPALEM, LINGABOINA CHERLA, NARASAPURA, LINGANA BOINA CHERLA, WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534275. 3. BATTU ANIRUDH,, S/O. SATYA MURTHY, AGED ABOUT 47 YEARS, R/O. DOOR NO. 3-19-91, BHIPAL NAGAR, JAGGANNAPETA, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. M/S SHRIRAM FINANCE LIMITED, REP. BY ITS AUTHORIZED SIGNATORY AND SPA HOLDER K. SATYANARAYANA REDDY, S/O. SUNDARA RAMI REDDY, AGED ABOUT 52 YEARS. SENIOR CHIEF BUSINESS MANAGER, W.G. DISTRICT, ZONAL OFFICE, ELURU OF ITS RAJAMUNDRY BRANCH, WEST GODAVARI DISTRICT - 534467. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, 2 VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. ...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 a Writ of Certiorari, calling for the records in Crl.M.P. No. 769 of 2025 on the file of the Hon'ble Chief Judicial Magistrate-cum-Principal Civil Judge (Senior Division),Eluru, dated 14.02.2026 which was filed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as arbitrary, illegal, and violative of Articles 14 and 21 of the Constitution of India and consequently quash the proceedings in Crl.M.P. No. 769 of 2025 on the file of the Hon'ble Chief Judicial Magistrate-cum-Principal Civil Judge (Senior Division),Eluru, 14.02.2026 and to 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 to dispense with the Certified Copy of the proceedings in Crl.M.P. No. 769 of 2025 on the file of the Hon'ble Chief Judicial Magistrate-cum-Principal Civil Judge (Senior Division), Eluru, 14.02.2026 in the above Writ Petition and pass IA NO: 2 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 to stay all further proceedings in Crl.M.P. No. 769 of 2025 on the file of the Honble Chief Judicial Magistrate-cum-Principal Civil Judge (Senior Division),Eluru, dated 14.02.2026 including physical possession of the property and to pass Counsel for the Petitioner(S): 1. D TARAKA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 2. 3 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 4894/2026 ORDER: (Per Sri Justice Cheekati Manavendranath Roy) Heard Sri D.Taraka Prasad, the learned counsel for the petitioner and Sri O.Udaya Kumar, the learned Standing Counsel for the 1st respondent- Financial institution who has taken notice on behalf of the 1st respondent. 2. Challenging the order of the learned Chief Judicial Magistrate-cum- Principal Civil Judge (Senior Division), Eluru, dated 14.02.2026 passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’) appointing an Advocate-Commissioner to take possession of the secured asset, the petitioner has filed the present writ petition. 3. If the petitioner is aggrieved by the order passed by the learned Chief Judicial Magistrate-cum-Principal Civil Judge on any ground, he has an efficacious remedy to approach the Debt Recovery Tribunal (DRT) constituted under the Act. The Tribunal is a Special Forum constituted with special mechanism for redressal of grievances under the SARFAESI Act. Therefore, the petitioner has to approach the Tribunal and seek redressal of his grievance. Therefore, we are not inclined to entertain the writ petition. 4 4. Resultantly, the Writ Petition is disposed of with a direction to the petitioner to approach the DRT concerned and seek redressal of his grievance. 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: 19.02.2026 KA 5 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 4894/2026 Date: 19.02.2026 KA