1 APHC010351342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] MONDAY,THE NINTH 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: 17724/2025 Between: 1. DUKKA GURUNADH, S/O D. RAMARAO, AGED ABOUT 35 YEARS, R/O FLAT NO.4/302, GROUND FLOOR, BLOCK-4, DOOR NO.8-11-3, VASANTH VIHAR, OPPOSITE RAILWAY STATION, SANTHAPETA SOUTH WARD, VIZIANAGARAM. ...PETITIONER AND 1. UNION BANK OF INDIA, REGIONAL OFFICE, MIG-2, VIVEKANANDA COLONY, GOVT HOSPITAL JUNCTION, VIZIANAGARAM-535002 REPRESENTED BY ITS AUTHORISED OFFICER UNDER SARFAESI ACT AND CHIEF MANAGER. 2. UNION BANK OF INDIA, CANTONMENT BRANCH-13341, MIG-24, NEAR R AND B GUEST HOUSE, CANTONMENT, VIZIANAGARAM- 535 003. REPRESENTED BY ITS BRANCH MANAGER. 3. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, VIZIANAGARAM DISTRICT, . AT VIZIANAGARAM. ...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 a writ, order or direction more particularly one in the nature of Mandamus declaring 1) the action of the 1stand 2nd 2 respondents in declaring the petitioner's housing loan account No. 727606800000002 as NPA and initiation SARFAESI proceedings against petitioner and publishing the E auction sale notice for sale of immovable properties dt 12.06.2025 for conducting auction on 15.07.2025 as illegal, arbitrary and violative of Article 14 and 21 of Constitution of India, 2) To declare the action of 1st and 2nd respondents in not regularizing the petitioner's housing loan account No. 727606800000002 by considering payment of the outstanding housing loan instalments through DD.No.016578, dt 25.06.2025 and by considering petitioner's representation dt 25.06.2025 as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and against the provisions of SARFAESI Act and pass IA NO: 1 OF 2025 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 grant stay of E auction sale notice dt 12.06.2025 issued for sale of petitioner’s properties 1)Schedule -A site in Door No. 8-11-3 in Santhapeta South Ward, in T.S.No. 1051/A and 1051/B, MC Ward No.8, Western branch road, Opposite Railway Station, Vizianagaram Municipality, Vizianagaram Town and District, 2) Schedule-B site RCC Residential flat No.4/302, ground floor, Vasanth Vihar constructed in A Schedule site pending the disposal of the above writ petition and pass IA NO: 2 OF 2025 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 vacate the interim orders dt: 14.07.2025 passed in WPNo. 17724 of2025 and dismiss the Writ Petition with exemplaiy costs and pass Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. V DYUMANI 3 The Court made the following: ORDER:- (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal, Visakhapatnam, which is the appropriate forum constituted under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for redressal of his grievance. Permission is accorded. Therefore, the Writ Petition is dismissed as withdrawn granting liberty as prayed for. Interim order, if any, stands terminated. There shall be no order as to costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 09.02.2026 ARR 4 54 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 17724/2025 Date: 09.02.2026 ARR