APHC010113362026 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: 6135/2026 Between: 1. VEERARAJU GURRAM, S/O. NAGARAJU GURRAM AGED ABOUT 58 YEARS, OCC AGRICULTURE, R/O.D.NO.1 VEEDHI, YELESWARAM, EAST GODAVARI DISTRICT, PRESENTLY KAKINADA DISTRICT 1. THE IIFL HOME FINANCE LIMITED, REP. BY ITS AUTHORIZED OFFICER, SRI D. BALAJI SINGH NAIK, S/O. DMS. NAIK, AGED ABOUT 45 YEARS. REGIONAL LEGAL MANAGER, INDIA INFOLINE HOUSING FINANCE LTD., D.NO.6 SBH, T. NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT - 533101. 2. THE UNION OF INDIA, FINANCE DEPARTMENT, ROOM NO. 129 NORTH BLOCK, NEW DELHI REP. BY ITS SECRETARY 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 direction or order, more particularly one in the nature of Writ of Mandamus challenging Order dated 16.01.2026 in Crl.MP.624 of 2025 on the file of the Chief Judicial Magistrate Court, East Godavari District at Rajamahendravaram and consequ 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: 6135/2026 VEERARAJU GURRAM, S/O. NAGARAJU GURRAM AGED ABOUT 58 YEARS, OCC AGRICULTURE, R/O.D.NO.1-127, MANGULAVARI VEEDHI, YELESWARAM, EAST GODAVARI DISTRICT, PRESENTLY KAKINADA DISTRICT - 533429. ...PETITIONER AND THE IIFL HOME FINANCE LIMITED, REP. BY ITS AUTHORIZED OFFICER, SRI D. BALAJI SINGH NAIK, S/O. DMS. NAIK, AGED ABOUT 45 YEARS. REGIONAL LEGAL MANAGER, INDIA INFOLINE HOUSING FINANCE LTD., D.NO.6-6-10, GS RAO COMPLEX, OPP. SBH, T. NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI 533101. THE UNION OF INDIA, FINANCE DEPARTMENT, ROOM NO. 129 NEW DELHI REP. BY ITS SECRETARY ...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 issue a writ or direction or order, more particularly one in the nature of Writ of Mandamus challenging Order dated 16.01.2026 in Crl.MP.624 of 2025 on the file of the Chief Judicial Magistrate Court, East Godavari District at Rajamahendravaram and consequential warrants issued to secure physical IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA VEERARAJU GURRAM, S/O. NAGARAJU GURRAM AGED ABOUT 127, MANGULAVARI VEEDHI, YELESWARAM, EAST GODAVARI DISTRICT, PRESENTLY ...PETITIONER THE IIFL HOME FINANCE LIMITED, REP. BY ITS AUTHORIZED OFFICER, SRI D. BALAJI SINGH NAIK, S/O. DMS. NAIK, AGED ABOUT 45 YEARS. REGIONAL LEGAL MANAGER, INDIA INFOLINE 10, GS RAO COMPLEX, OPP. SBH, T. NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI THE UNION OF INDIA, FINANCE DEPARTMENT, ROOM NO. 129-A, NEW DELHI REP. BY ITS SECRETARY - 110001. ...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 issue a writ or direction or order, more particularly one in the nature of Writ of Mandamus challenging Order dated 16.01.2026 in Crl.MP.624 of 2025 on the file of the Chief Judicial Magistrate Court, East Godavari District ential warrants issued to secure physical 2 CMR,J & GTK,J W.P.No.6135 of 2026 possession of scheduled property in the notice Under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security, Interest Act 2002 obtained by the respondent Financial Institution in pursuant of possession notice dated 09.10.2025 issued by the 1st respondent herein under Securitization and Reconstruction of Finance Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 is illegal, arbitrary and violative of principles of natural justice 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 to suspend the Order dated 16.01.2026 in Crl.MP.624 of 2025 on the file of the Chief Judicial Magistrate Court, East Godavari District at Rajamahendravaram and consequential warrants issued to secure physical possession of scheduled property in the notice Under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security, Interest Act 2002 obtained by the respondent institution, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. M K RAJ KUMAR Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.6135 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. Challenging the order dated 16.01.2026 passed in Crl.M.P.No.624 of 2025 on the file of the learned Chief Judicial Magistrate, East Godavari District, whereby an order under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, was passed to take possession of the secured asset, the instant writ petition has been filed by the petitioner, who is the borrower. 3. The petitioner has got an efficacious remedy of challenging the said order, if at all he is aggrieved by any valid legal ground, before the Debts Recovery Tribunal, which is constituted under the Recovery of Debts and Bankruptcy Act, 1993, with special mechanism for redressal of such grievances. But, without approaching the Tribunal, the petitioner has invoked writ jurisdiction of this Court. 4. Therefore, the Writ Petition is disposed of with a direction to the petitioner to approach the Debts Recovery Tribunal, seeking 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: 03.03.2026 MDP