Extracted from the PDF above. The PDF is authoritative.
APHC010089682026
IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT PETITION NO: 5044/2026 Between:
1. ROMALA SRINIVASA RAO, S/O SURI BABU, PROPRIETOR OF M/S SRI SRINIVASA STONE CRUSHER, R/O.D.NO. PAPAYYARAJUPALEM VILLAGE, SUJATHA NAGAR, VISAKHAPATNAM TOWN, VISAKHAPATNAM DISTRICT
1. ASSET RECOVERY BRANCH, Union Bank of India, Rep. by its Authorized Officer, O/o. D.No. 6 Visakhapatnam Town and District
Petition under Article 226 of the Constitution of circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularly the one in the nature Writ of Mandamus by declaring the action, things and deeds of Respondent Bank in conducting the e Sale Notice dated 07 unwarranted, unfair, unjustified, unconstitutional, against to the Principles of Natural Justice contrary to th in violation of Article 300 the Respondent Bank not to issue Sale Certificate and register the same in favour of the Auction Purchaser in respect of proper cents or 1.847hectors or 22,215.6 Sq Yards in Sy.No.178/1 (Ac.1.87 cents), IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5044/2026 ROMALA SRINIVASA RAO, S/O SURI BABU, PROPRIETOR OF M/S SRI SRINIVASA STONE CRUSHER, R/O.D.NO. PAPAYYARAJUPALEM VILLAGE, SUJATHA NAGAR, VISAKHAPATNAM TOWN, VISAKHAPATNAM DISTRICT ...PETITIONER AND ASSET RECOVERY BRANCH, Union Bank of India, Rep. by its Authorized Officer, O/o. D.No. 6-05-150, Chingalraopeta, Visakhapatnam Town and District- 530001.
...RESPONDENT 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 issue a Writ or Order or Direction more particularly the one in the nature Writ of Mandamus by declaring the action, things and deeds of pondent Bank in conducting the e-auction on 28-01-2026 in pursuance of Sale Notice dated 07-01-2026, which is illegal, irregular, arbitrary, unwarranted, unfair, unjustified, unconstitutional, against to the Principles of Natural Justice contrary to the provisions of SARFAESI Act and its Rules and in violation of Article 300-A of Constitution of India and consequently direct the Respondent Bank not to issue Sale Certificate and register the same in favour of the Auction Purchaser in respect of property in an extent of Ac.4.59 cents or 1.847hectors or 22,215.6 Sq Yards in Sy.No.178/1 (Ac.1.87 cents), IN THE HIGH COURT OF ANDHRA PRADESH [3558]
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA ROMALA SRINIVASA RAO, S/O SURI BABU, PROPRIETOR OF M/S SRI SRINIVASA STONE CRUSHER, R/O.D.NO.-SO, PAPAYYARAJUPALEM VILLAGE, SUJATHA NAGAR, VISAKHAPATNAM TOWN, VISAKHAPATNAM DISTRICT - 530051. ...PETITIONER ASSET RECOVERY BRANCH, Union Bank of India, Rep. by its 150, Chingalraopeta, ...RESPONDENT India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be issue a Writ or Order or Direction more particularly the one in the nature Writ of Mandamus by declaring the action, things and deeds of 2026 in pursuance of 2026, which is illegal, irregular, arbitrary, unwarranted, unfair, unjustified, unconstitutional, against to the Principles of e provisions of SARFAESI Act and its Rules and A of Constitution of India and consequently direct the Respondent Bank not to issue Sale Certificate and register the same in ty in an extent of Ac.4.59 cents or 1.847hectors or 22,215.6 Sq Yards in Sy.No.178/1 (Ac.1.87 cents),
2 CMR,J & GTK,J W.P.No.5044 of 2026
178/3 (Ac.0.23 cents), 178/4 (Ac.0.07 cents), 178/5 (Ac.0.43 cents) and 178/6 (Ac. 1.99 cents) and an extent of Ac0.40 cents or 0.162 Hectors or 1936.00 Sq.
Yards including ACC Sheets Shed and Stone Crusher Machinery overed in Sy.No. 178/7 (Ac0.21 cents) and 178/9 (Ac.0.19 Cents) of Vakapall Village, K.Kotapadu Sub Division, Devarapalli Mandal, Visakhapatnam District till the outcome in S.A.No.98/2025 pending before the Debts Recovery Tribunal, Visakhapatnam under the circumstances of the case and pass such other
order or orders as deem fit and proper in the circumstances of the case.
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 direct the Respondent Bank not to issue Sale Certificate and register the Same in favour of the Auction Purchaser in respect of property in an extent of Ac.4.59 cents or 1.847 hectors or 22,215.6 Sq Yards in Sy.No.178/1 (Ac.1.87 cents), 178/3 (Ac.0.23 cents), 178/4 (Ac.0.07 cents), 178/5 (Ac.0.43 cents) and 178/6 (Ac. 1.99 cents) and an extent of Ac.0.40 cents or 0.162 Hectors or 1936.00 Sq. Yards including ACC Sheets Shed and Stone Crusher Machinery in Sy.No.178/7 (Ac.0.21 cents) and 178/9 (Ac.0.19 Cents) of Vakapall Village, K.Kotapadu Sub Division, Devarapalli Mandal, Visakhapatnam pending disposal of the main Writ Petition and to pass Counsel for the Petitioner:
1. NARASIMHA RAO GUDISEVA Counsel for the Respondent:
1. RANGA SURYA PRAKASH RAO KOLA
3 CMR,J & GTK,J W.P.No.5044 of 2026
The Court made the following:
ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)
Heard learned counsel for the petitioner and learned counsel for the respondent-Union Bank of India.
2. The only limited grievance of the writ petitioner is that the stay petition in interlocutory application No.703 of 2026 filed by him in securitization application No.98 of 2026, seeking not to register the sale certificate is not being disposed of by the Debts Recovery Tribunal, Visakhapatnam.
3. Therefore, having regard to the said limited grievance of the writ petitioner, this Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam, to dispose of the interlocutory application No.703 of 2026, expeditiously, within a period of one week from date of receipt of this order, by way of passing appropriate orders on merits, according to law. 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: 03.03.2026 MDP