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2026 DAILYLAW 26984 (AP)

GILLEPALLI DAMAYANTHI v. STATE BANK OF INDIA

WP/237/2026 · 2026-01-05

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2026

Judgment text

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APHC010667102025 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: 237/2026 Between: 1. GILLEPALLI DAMAYANTHI, , W/O MUTTAIAH, AGED ABOUT 58 YEARS, OCC GOVERNMENT EMPLOYEE, R/O JANAKIRAMAPURAM, BANTUMILLI, MULAPARRU, KRISHNA DISTRICT,ANDHRA PRADESH 1. STATE BANK OF INDIA, GUDIVADA BRANCH, GUDIVADA, KRISHNA DISTRICT REP. BY ITS AUTHORIZED OFFICER 2. PARUCHURI USHA RANI, W/O VENKATA MADHUSUDHANARAO, R/O D.NO. 11/138-D2 TOWN, KRISHNA DISTRICT, ANDHRA PRADESH. 3. PARUCHURI VENKATA MADHUSUDHANARAO, S/O NOT KNOWN, R/O D.NO. 11/138-D2 TOWN, KRISHNA DISTRICT, ANDHRA PRADESH. 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 order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondent in issuing e auction sale notice dated 12.09.2025 for the Madhu Apartments, Door No. 11/138-D2-E6, 2nd Floor, Plot No. 202, G.V.R Street, Gudivada Muncipality, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 237/2026 GILLEPALLI DAMAYANTHI, , W/O MUTTAIAH, AGED ABOUT 58 YEARS, OCC GOVERNMENT EMPLOYEE, R/O JANAKIRAMAPURAM, BANTUMILLI, MULAPARRU, KRISHNA DISTRICT,ANDHRA PRADESH ...PETITIONER AND STATE BANK OF INDIA, GUDIVADA BRANCH, GUDIVADA, KRISHNA DISTRICT REP. BY ITS AUTHORIZED OFFICER PARUCHURI USHA RANI, W/O VENKATA MADHUSUDHANARAO, D2-E6, WARD NO. 11, G.V.R STREET, GUDIVADA TOWN, KRISHNA DISTRICT, ANDHRA PRADESH. PARUCHURI VENKATA MADHUSUDHANARAO, S/O NOT KNOWN, D2-E6, WARD NO. 11, G.V.R STREET, GUDIVADA TOWN, KRISHNA DISTRICT, ANDHRA PRADESH. ...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 order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondent in issuing e ted 12.09.2025 for the Madhu Apartments, Door No. E6, 2nd Floor, Plot No. 202, G.V.R Street, Gudivada Muncipality, IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA GILLEPALLI DAMAYANTHI, , W/O MUTTAIAH, AGED ABOUT 58 YEARS, OCC GOVERNMENT EMPLOYEE, R/O JANAKIRAMAPURAM, BANTUMILLI, MULAPARRU, KRISHNA ...PETITIONER STATE BANK OF INDIA, GUDIVADA BRANCH, GUDIVADA, KRISHNA DISTRICT REP. BY ITS AUTHORIZED OFFICER PARUCHURI USHA RANI, W/O VENKATA MADHUSUDHANARAO, E6, WARD NO. 11, G.V.R STREET, GUDIVADA PARUCHURI VENKATA MADHUSUDHANARAO, S/O NOT KNOWN, E6, WARD NO. 11, G.V.R STREET, GUDIVADA ...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 order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondent in issuing e- ted 12.09.2025 for the Madhu Apartments, Door No. E6, 2nd Floor, Plot No. 202, G.V.R Street, Gudivada Muncipality, 2 CMR,J & GTK,J W.P.No.237 of 2026 Gudivada Town, Krishna District for conducting e-auction fixing with out issuing damand notice and other Proceedings to the petitioner as well as Respondents No. 2 and 3 as bad, illegal, arbitrary, violative of principles of Natural Justice and violative of Articles 14, 21 and 300-A of Constitution of India and consequently set aside the impugned e-auction notice 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 stay all further proceedings pursuant to the sale notice dated 12. 09..2025 for the Madhu Apartments, Door No. 11/138-D2-E6, 2nd Floor, Plot No. 202, G.V.R Street, Gudivada Municipality, Gudivada Town, Krishna District for conducting e-auction and pass Counsel for the Petitioner: 1. SRINIVASA KANNAMA REDDY Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.237 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Learned counsel for the petitioner seeks permission of the Court to withdraw the writ petition with liberty to file securitization application before the Debts Recovery Tribunal, seeking redressal of his grievance. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn, granting liberty, as sought for. 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: 06.01.2026 MDP