1 CMR,J & GTK,J W.P.No.6690 of 2026 APHC010126052026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY, THE TENTH 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: 6690/2026 Between: 1. MOLLETI GOPAL, S/O MOLLETI KOTESWARA RAO AGED 60 , OCC PRIVATE SECTOR, 95, AMY DRY. NORTH BRUNSWICK, NJ-08902 AND AT D.NO. 9-13-11, NEW RESAVANIPALEM VISAKHAPATNAM, VISAKHAPATNAM DISTRICT PIN 530 013, REP BY HIS SPL POWER OF ATTORNEY MEDISETTY SURYA PRAKASH RAO 2. MEDISETTY SURYA PRAKASH RAO, ,S/O VENKATA REDDY AGED 72 YEARS OCC RETD GOVERNMENT EMPLOYEE R/O DOOR NO. 6-45, SURYARAOPET OUTSKIRTS INDRAPALEM VILLAGE, KAKINADA, KAKINADA DISTRICT -533006. ...PETITIONER(S) AND 1. THE AUTHORISED OFFICER, DCB BANK LTD , M.U, TOWERS, BALA TRIPURA SUNDARI TEMPLE ROAD KAKINADA,KAKINADA DISTRICT,PIN CODE 533001 2. THE HONBLE DEBTS RECOVERY TRIBUNAL, REP BY ITS REGISTRAR, D.NO 313252 CHITRALAYA ROAD,DABA GARDENS, VISAKHAPATNAM VISAKHAPATNAM DISTRICT,PIN CODE 530020. ...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 2 CMR,J & GTK,J W.P.No.6690 of 2026 pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of writ of mandamus to declare the action of the 1st respondent bank in initiating proceedings under the SARFAESI Act 2002 vide order dated 24-02-2026 passed in Crl.P.No.15 of 2026 on the file of the Chief Judicial Magistrate, Rajahmundry against the petitioners here in for handing over physical possession of the motgaged properties pending disposal of the stay petition and S.A.No 391 of 2025 on the file of the Debts Recovery Tribunal, Visakhapatnam as illegal, arbitrary, Unconstitutional and contrary to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. and rules made there under and to 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 to suspend the warrant of commission dated 24-02-2026 issued in Crl.P.No.15 of 2026 on the file of the Chief Judicial Magistrate Rajahmundry which is passed pending disposal of S.A.No.391 of 2025 on the file of the Debts Recovery Tribunal ,Visakhapatnam pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S): 1. L V S NAGARAJU Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.6690 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. 2. The petitioners have already approached the Debts Recovery Tribunal by way of filing S.A.No.391 of 2025, seeking redressal of their grievance relating to the measures initiated by the Bank under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Therefore, they cannot maintain parallel proceedings before the Tribunal and this Court by way of filing this writ petition. So, we are not inclined to interfere in the matter and to entertain the writ petition. 3. Therefore, the Writ Petition is disposed of with a direction to the petitioners to pursue their remedy before the Tribunal. 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: 10.03.2026 SNI 4 CMR,J & GTK,J W.P.No.6690 of 2026 107 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA W.P.No.6690 of 2026 (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Date: 10.03.2026 SNI