APHC010090422026 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: 5253/2026 Between: 1. M/S. SRI SIVA SAI CONSTRUCTIONS,, REPRESENTED BY ITS MANAGING PARTNER, MR. VADDEPALLI SIVA SANKARA RAO, OFFICE AT D.NO. 2-148, G.T. ROAD, BOYAPALEM VILLAGE, EDLAPADU MANDAL, PALNADU DISTRICT - 522233. 2. MR. VADDEPALLI SIVASANKARA RAO,, S/O MARKANDEYULU, AGED ABOUT 63 YEARS, RIO D.NO. 2-148, G.T. ROAD, BOYAPALEM VILLAGE, EDLAPADU MANDAL, PALNADU DISTRICT - 522233. 3. MRS. VADDEPALLI RATNAKUMARI,, W/O VADDEPALLI SIVASANKARA RAO, AGED ABOUT 59 YEARS, RIO D.NO. 2-148, G.T. ROAD, BOYAPALEM VILLAGE, EDLAPADU MANDAL, PALNADU DISTRICT - 522233. ...PETITIONER(S) AND 1. UNION BANK OF INDIA, G.T. Road Branch, Guntur, Rep. by its Authorised Officer, Door No. 25-16-27, Opp ITC Ltd, Srinivasa Towers, Ward 25, Srinivasa Rao Pet, GT Road, Guntur - 522004, Andhra Pradesh. ...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 2 pleased tomay be pleased to issue a Writ, Order, or Direction, more particularly one in the nature of a Writ of Mandamus a) Declaring the E- Auction Sale Notice dated 31.01.2026 issued by the Respondent Bank as illegal, arbitrary, without jurisdiction, disproportionate, and violative of Articles 14 and 300-A of the Constitution of India and consequently set aside the same b) and pass such 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 may be pleased to stay all further proceedings pursuant to the E-Auction Sale Notice dated 31.01.2026, including the scheduled e-auction on 13.03.2026, pending disposal of the main Writ Petition. Unless the said proceedings are stayed, the Petitioners will be subjected to grave and irreparable loss and injury, as their valuable properties, which form the basis of their livelihood, will be sold at a gross undervalue, rendering the Writ Petition infructuous and pass such Counsel for the Petitioner(S): 1. MAMIDI PRAKASH KUMAR Counsel for the Respondent: 1. V DYUMANI 3 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5253/2026 ORDER: (Per Sri Justice Cheekati Manavendranath Roy) Heard Sri M.Prakash Kumar, the learned counsel for the petitioner. 2. The petitioners are the borrowers, who availed a loan from the respondent Bank. As the petitioners committed default in repayment of the loan amount, the Bank has initiated measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short, ‘the SARFAESI Act’). E-auction sale notice was issued on 31.01.2026 for sale of the secured asset in the public auction. Challenging the same on various grounds relating to alleged irregularities said to have committed in issuing the e-auction sale notice, the present writ petition has been filed. 3. As per the submissions made by the learned counsel for the petitioners, the petitioners have already approached the Debt Recovery Tribunal (DRT) and filed a Securitization Application relating to their grievance. Therefore, when the petitioners have already approached the Tribunal, which is the proper forum for redressal of their grievance, the petitioners cannot be permitted to maintain parallel proceedings before this Court. 4 4. Therefore, this Writ Petition is disposed of with a direction to the petitioners to pursue their remedy before the DRT, where their Securitization Application is pending adjudication. However, in view of the urgency urged by the petitioners, the Tribunal shall make an endeavour to pass an appropriate order in the Interlocutory Application filed by them in the said Securitization Application expeditiously, preferably within a period of two (2) weeks from the date of receipt of this order. 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 Furnish copy by tomorrow KA 5 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5253/2026 Date: 24.02.2026 Furnish copy by tomorrow KA