APHC010623852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.32345/2025 Between: 1. KALARAYA MALATHI, W/O KALARAYA SHANKAR AGED 40 YEAR R/O 19-8-82/C SHIVAJI NAGAR SBI COLONY RC PURAM TIRUPATI URBAN ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, COOPERATIVE DEPARTMENT 2. THE TIRUPATI COOPERATIVE BANK LIMITED, TIRUPATI, 23G- CAR STREET, TIRUPATI 517 501 A.P 3. KALRAYA BHASKAR, S/O LATE MUTHU,AGED51 R/O 19-8-82/C SHIVAJI NAGAR SBI COLONY RC PURAM TIRUPATI URBAN 4. KALARAYA SUDHAKAR, S/O LATE MUTHU,AGED 44 R/O 19-8- 82/C SHIVAJI NAGAR SBI COLONY RC PURAM TIRUPATI URBAN ...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 an order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent 2 in issuing the impugned notice dated 19-9-2025 and proceeding with the auction, is as illegal, arbitrary contrary to the fundamental principles enshrined in the Constitution and consequently declare the impugned notice dt.19-9-2025 is illegal and set aside the same and not to confirm the sale, if any sale has taken place, and pass such other order. 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 to direct the 2nd Respondent not to proceed with the notice dated 19-9-2025 and not to take possession and conduct auction and not to confirm any sale if taken place, of the schedule property, pending disposal of the above Writ Petition and pass such other order. Counsel for the Petitioner: 1. N V R AMARNATH Counsel for the Respondent(S): 1. O UDAYA KUMAR 2. GP FOR COOPERATION The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.32345 of 2025 ORDER: 1. The present Writ Petition is filed to declare the action of Respondent No.2 in issuing the impugned notice dated 19.09.2025 for sale of the schedule property under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 and proceeding with the auction, as illegal and arbitrary. 2. The Petitioner claims a share in the schedule property, which is a dwelling house, in which all the members of joint family are residing and contended that a suit is filed seeking for partition of the schedule property. 3. Heard the respective counsels. 4. As the proceedings are initiated under the provisions of the Securitization and Reconstructions of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, it would be appropriate for the Petitioner to challenge the said proceedings before the jurisdictional Debt Recovery Tribunal or any other Forum to establish her right. 5. With the above observation, the Writ Petition is disposed of. 6. No order as to costs. 7. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.02.2026 IS 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.32345 of 2025 Date: 04.02.2026 IS