APHC010704432025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE WRIT PETITION NO: 36388/2025 Between: 1. BITRA VIJAY KUMAR,, S/O SAMBASIVA RAO, AGED ABOUT 50 YEARS, R/O D.NO. 14 VELAGAPUDIVARI STREET, YENAMALAKUDURU, KRISHNA DISTRICT. 1. FEDERAL BANK, Rep. by its Authorized Officer, Branch Office at D.No. 59A-15-1, Bhadraiah Nagar, NTR Circle, Patamata Vijayawada 520010. 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 writ or order more particularly one in the nature of WRIT OF MANDAMUS a) declaring the action of the respondent Bank in obtaining the order dated 02-12-2025 in Crl.M.P.No.1019 Judicial Magistrate-cum- Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, in respect of Item No.2 of mortgaged property, by suppressing the pendency of S.A.No.376 of 2025 before the Debts Recovery Tribunal, Visakhapatnam, as illegal, arbitrary, vitiated by suppression of material facts and abuse of statutory power, and consequently to set aside th IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH 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: 36388/2025 BITRA VIJAY KUMAR,, S/O SAMBASIVA RAO, AGED ABOUT 50 YEARS, R/O D.NO. 14-99, TF-3, SRI SRINIVASA RESIDENCY VELAGAPUDIVARI STREET, YENAMALAKUDURU, KRISHNA ...PETITIONER AND FEDERAL BANK, Rep. by its Authorized Officer, Branch Office at D.No. 1, Bhadraiah Nagar, NTR Circle, Patamata Vijayawada ...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the ted in the affidavit filed therewith, the High Court may be issue writ or order more particularly one in the nature of WRIT OF MANDAMUS a) declaring the action of the respondent Bank in obtaining the 2025 in Crl.M.P.No.1019 of 2025 on the file of the Chief -Principal Assistant Sessions Judge, Guntur, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, in respect of Item No.2 of mortgaged property, by suppressing the pendency of S.A.No.376 of 2025 before the Debts Recovery Tribunal, Visakhapatnam, as illegal, arbitrary, vitiated by suppression of material facts and abuse of statutory power, and consequently to set aside the said order, dated 02-12-2025 and restrain the IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE SEVENTH DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY SRI JUSTICE TUHIN KUMAR GEDELA BITRA VIJAY KUMAR,, S/O SAMBASIVA RAO, AGED ABOUT 50 3, SRI SRINIVASA RESIDENCY VELAGAPUDIVARI STREET, YENAMALAKUDURU, KRISHNA ...PETITIONER FEDERAL BANK, Rep. by its Authorized Officer, Branch Office at D.No. 1, Bhadraiah Nagar, NTR Circle, Patamata Vijayawada - ...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the ted in the affidavit filed therewith, the High Court may be issue writ or order more particularly one in the nature of WRIT OF MANDAMUS a) declaring the action of the respondent Bank in obtaining the of 2025 on the file of the Chief Principal Assistant Sessions Judge, Guntur, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, in respect of Item No.2 of the mortgaged property, by suppressing the pendency of S.A.No.376 of 2025 before the Debts Recovery Tribunal, Visakhapatnam, as illegal, arbitrary, vitiated by suppression of material facts and abuse of statutory power, and 2025 and restrain the 2 CMR,J & GTK,J W.P.No.36388 of 2025 respondent Bank from taking physical possession of Item No.2 of the mortgaged property pending disposal of S.A.No.376 of 2025, b) to set aside the Oder, dated 01-10-2025 passed in I.A.No.2881 of 2025 in S.A. No. 376 of 2025 by the learned Debts Recovery Tribunal, Visakhapatnam and consequently permit the petitioner to deposit the conditional amount as directed under the interim order dated 11-07-2025 and to 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 to direct the respondent Bank not to take physical possession of Item No.2 of the mortgaged property pursuant to the order dated 02-12-2025 passed in Crl.M.P.No.1019 of 2025 by the learned Principal Assistant Sessions Judge - Cum - Chief Judicial Magistrate, Guntur and to pass Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent: 1. 3 CMR,J & GTK,J W.P.No.36388 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. Challenging the measures initiated by the respondent-Bank for recovery of the loan amount, in view of the default committed by the petitioner, who is the principal borrower, in repayment of the loan amount, the petitioner has filed the present writ petition. 3. The petitioner has got an efficacious remedy of approaching the Debts Recovery Tribunal by way of filing securitization application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the Act’) for redressal of his grievance before the said forum. But, without approaching the Debts Recovery Tribunal, he has filed the writ petition. So, we are not inclined to interfere in the matter and to entertain the writ petition. 4. Therefore, the Writ Petition is disposed of with liberty 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: 07.01.2026 MDP