APHC010091122026 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: 5307/2026 Between: 1. ERR CONSTRUCTIONS, (REGD.NO.146 OF 2020) REGD. OF D.NO.3-1-57/7, METLA RAMJI COMPLEX, A.G. CINEMA ROAD, AMALAPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT, REPRESENTED BY ITS PARTNER SMT. CHEVURI RAGA SUDHA W/O. LATE CHEVURI SREENIVASA RAO, AGED ABOUT 42 YEARS. OCCUPATION BUSINESS. ...PETITIONER AND 1. UNION OF INDIA, REPRESENTED BY PRINCIPAL SECRETARY MINISTRY OF FINANCE, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI-11000. 2. STATE BANK OF INDIA, AMALAPURAM BRANCH, AMALAPURAM, EAST GODAVARI DISTRICT, PRESENTLY DR. B.R. AMBEDKAR KONASEEMA DISTRICT REPRESENTED BY ITS AUTHORIZED SIGNATORY/OFFICER. ...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 an order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in 2 bringing all 60 flats in Sri Anjaneyam Towers constructed in land admeasuring Ac.0-76 Cents situated at Peramma Agraharam, Amalapuram Municipality, Dr. B.R. Ambedkar Konaseema District, Earstwhile East Godavari District to e-auction vide notice dated 12-11-2025 and subsequent auction notification dt 17-01-2026 by ignoring the pendency of S.A.No.737 of 2025 on the file of Debts Recovery Tribunal, Visakhapatnam as illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and Consequently set aside the e-auction notice dated 12-11-2025 and subsequent auction notification dated 17-01-2026 in so far as it relates to 60 flats in building Sri Anjaneyam Towers constructed in land admeasuring Ac.0-76 Cents situated at Peramma Agraharam, Amalapuram Municipality, Dr. B.R. Ambedkar Konaseema District, Earstwhile East Godavari District 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 Stay all further proceedings pursuant to sale notice dated 12-11- 2025 and auction notification dated 17-01-2026 including confirmation of sale, registration of sale certificate and creation of third party rights in respect of the building “Sri Anjaneyam Towers” constructed in land admeasuring Ac.0- 76 Cents situated at Peramma Agraharam, Amalapuram Municipality, Dr. B.R. Ambedkar Konaseema District, Earstwhile East Godavari District pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. G V V S VARA PRASAD Counsel for the Respondent(S): 1. 3 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5307/2026 ORDER: (Per Sri Justice Cheekati Manavendranath Roy) Heard Sri G.V.V.S Vara Prasad, the learned counsel for the petitioner. 2. Challenging the notice issued under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 framed under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, „the SARFAESI Act‟), the petitioner/ borrower has filed the present writ petition. 3. Admittedly, the petitioner has already approached the Debt Recovery Tribunal, by way of filing a Securitization Appeal No.737 of 2025, which is the appropriate forum constituted under the SARFAESI Act with special mechanism for redressal of the such grievance. Therefore, the petitioner cannot be permitted to maintain parallel proceedings before this Court. 4. Therefore, the Writ Petition is disposed of with a direction to the petitioner to pursue his remedy before the Debt Recovery Tribunal (DRT) in S.A.No.737 of 2025, which is already pending adjudication before the Tribunal. However, as it is stated that the said petition is not being considered and no orders are being passed in it, the Tribunal is directed to pass appropriate orders, according to law, in the stay petition within a period of two 4 (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 26.02.2026 KA 5 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5307/2026 Date: 24.02.2026 Furnish copy by 26.02.2026 KA