APHC010112252026 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: 6062/2026 Between: 1. MATTA ASHOK, S/O. LATE M.RAM MOHAN RAO, AGED 34 YEARS, RESIDENT OF D.NO. 2/409, DESAIPET, MACHILIPATNAM, KRISHNA DISTRICT ANDHRA PRADESH 2. GUDURU MANDAL, MRS. KUMPATI PRIYADARSHINI INDIRA, W/O. KOTESWARA RAO, AGED 40 YEARS RESIDENT KANCHA KODURU VILLAGE, KRISHNA DISTRICT, ANDHRA PRADESH. 3. MRS. JUNUPUDI BHANU,, W/O. RAVINDRA, AGED ABOUT 35 YEARS, RESIDENT OF D.NO. 2/411 DESAIPET, MACHILIP KRISHNA DISTRICT, ANDHRA PRADESH 1. THE AUTHORIZED OFFICER, CANARA BANK, ARM BRANCH, VIJAYAWADA, D.NO. 54 AVENUE, SRINIVASA NAGAR, BANK COLONY, VIJAYAWADA, ANDHRA PRADES 2. THE BRANCH MANAGER, CANARA BANK, MAIN BRANCH, SITUATED AT D.NO. 12 MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH 001. 3. M/S RAMA MOHANA FLY ASH BRICKS AND CONCRETE WORKS, REPTD. BY ITS PROPRIETOR SRI. MATTA AJAY, S/O. LATE M.RAM 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: 6062/2026 MATTA ASHOK, S/O. LATE M.RAM MOHAN RAO, AGED 34 YEARS, RESIDENT OF D.NO. 2/409, DESAIPET, MACHILIPATNAM, KRISHNA DISTRICT ANDHRA PRADESH - 521 001, GUDURU MANDAL, MRS. KUMPATI PRIYADARSHINI INDIRA, W/O. KOTESWARA RAO, AGED 40 YEARS RESIDENT KANCHA KODURU VILLAGE, KRISHNA DISTRICT, ANDHRA PRADESH. MRS. JUNUPUDI BHANU,, W/O. RAVINDRA, AGED ABOUT 35 YEARS, RESIDENT OF D.NO. 2/411 DESAIPET, MACHILIP KRISHNA DISTRICT, ANDHRA PRADESH - 521 001, ...PETITIONER(S) AND THE AUTHORIZED OFFICER, CANARA BANK, ARM BRANCH, VIJAYAWADA, D.NO. 54-15-4B, GROUND FLOOR, LAKSHMI AVENUE, SRINIVASA NAGAR, BANK COLONY, VIJAYAWADA, BRANCH MANAGER, CANARA BANK, MAIN BRANCH, SITUATED AT D.NO. 12-167, VALLURI RAJA CENTRE, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH M/S RAMA MOHANA FLY ASH BRICKS AND CONCRETE WORKS, REPTD. BY ITS PROPRIETOR SRI. MATTA AJAY, S/O. LATE M.RAM IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA MATTA ASHOK, S/O. LATE M.RAM MOHAN RAO, AGED 34 YEARS, RESIDENT OF D.NO. 2/409, DESAIPET, MACHILIPATNAM, KRISHNA GUDURU MANDAL, MRS. KUMPATI PRIYADARSHINI INDIRA, W/O. KOTESWARA RAO, AGED 40 YEARS RESIDENT KANCHA KODURU MRS. JUNUPUDI BHANU,, W/O. RAVINDRA, AGED ABOUT 35 YEARS, RESIDENT OF D.NO. 2/411 DESAIPET, MACHILIPATNAM, ...PETITIONER(S) THE AUTHORIZED OFFICER, CANARA BANK, ARM BRANCH, 4B, GROUND FLOOR, LAKSHMI AVENUE, SRINIVASA NAGAR, BANK COLONY, VIJAYAWADA, BRANCH MANAGER, CANARA BANK, MAIN BRANCH, 167, VALLURI RAJA CENTRE, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH - 521 M/S RAMA MOHANA FLY ASH BRICKS AND CONCRETE WORKS, REPTD. BY ITS PROPRIETOR SRI. MATTA AJAY, S/O. LATE M.RAM 2 CMR,J & GTK,J W.P.No.6062 of 2026 MOHAN RAO, R/O D.NO. 2/409, DESAIPET, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH - 521 001. 4. MATTA AJAY, S/O. LATE M.RAM MOHAN RAO, R/O D.NO. 2/409, DESAIPET, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH - 521 001 ...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 to issue a Writ or Order or direction more particularly the one in the nature Writ of Mandamus declaring the deeds, things and action of Respondent Nos.1 and 2 in pursuance of SARFAESI Proceedings including issuance of notice of Sale dated 12-02-2026 to auction the Property belongs to the Petitioner Nos.1 to 3 admeasuring in an extent of 675.59 Sq. meters or 807.99 Sq. meters or 807.99 Sq. yards or 16.69 cents located at Door No. 2/409 in R.S.No.296 at Desaipeta, Machilipatnam, Krishna District as illegal, irregular, unwarranted unfair, unjustified and unconstitutional and consequentially to set aside the said proceedings as illegal and set aside the Order in CrI.M.P.No.137/2024 in C.F.No.225/2024 passed by the Chief Judicial Magistrate Court Machilipatnam and also to direct the Respondent Nos.1 and 2 to handover possession of the subject property to the Petitioners 1 to 3 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 stay all further proceedings in view of the Auction Sale notice dated; 12-02- 2026 for auction of the secured assets under the provisions of the SARFAESI Act pending disposal of the writ petition and to pass Counsel for the Petitioner(S): 1. V.V.L.N.PURNESH Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.6062 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This writ petition is filed challenging the sale notice dated 12.02.2026 issued by the Bank, while initiating measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short, ‘the SARFAESI Act’). 2. Heard Mr. V.V.L.N.Purnesh, learned counsel for the petitioners. 3. The petitioners seek to challenge the said sale notice on the ground that the petitioners are not parties to the loan transaction. But, even on that ground they got an efficacious remedy to challenge the proceedings before the Debts Recovery Tribunal. Section 17 of the SARFAESI Act starts with the expression “any person”, which includes the petitioners, who are aggrieved by the said measures initiated by the Bank under the SARFAESI Act. It is wide enough to include any aggrieved person. Therefore, the petitioners have to avail their remedy by way of filing an application under Section 17 of the SARFAESI Act before the Tribunal, which is constituted with special mechanism under the special enactment for redressal of such grievances. 4. Therefore, the Writ Petition is disposed of with a direction to the petitioners to approach the Debts Recovery Tribunal, seeking redressal of their 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: 03.03.2026 MDP