APHC010723432025 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: 145/2026 Between: 1. PRASANTH PEDAPATI, S/O PRAKASAM, AGED ABOUT 29 YEARS, R/O D.NO 3 MALAIKIPURAM, EAST FODAVARI DISTRICT PRESENTLY DR. B.R AMBEDKAR KONASEEMA DISTRICT, 2. NAVYA PEDAPATI, W/O PRASANTH, AGED ABOUT 28 YEARS, R/O D.NO 3-701, GUDAPALLI, KOLLA VARI CENTER, MALAIKIPURAM, EAST GODAVARI DISTRICT PRESENTLY DR. B.R AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH 3. PRASANTH EARTH MOVERS, REP. BY ITS OWNER PRASANTH PEDAPAJ, R/O D.NO 3 MALAIKIPURAM, EAST GODAVARI DISTRICT PRESENTLY DR. B.R AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH 1. THE UNION OF INDIA, FINANCIAL SERVICES, MINISTRY OF FINANCE, JEEVAN DEEP BUILDING, SANAD MARG, NEW DELHI 2. M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY, PRAKASH NAGAR, RAJAMAHENDRAVARAM, REP. BY ITS G.P.A HOLDER, CHINTA S CHIEF-MANAGER, VIJAYAWADA, AGED 45 YEARS, CHOLAMANDALM INVESTMENT AND FINANCE COMPANY PVT. 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: 145/2026 PRASANTH PEDAPATI, S/O PRAKASAM, AGED ABOUT 29 YEARS, R/O D.NO 3-701, GUDAPALLI, KOLLA VANI CENTER, MALAIKIPURAM, EAST FODAVARI DISTRICT PRESENTLY DR. B.R AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH NAVYA PEDAPATI, W/O PRASANTH, AGED ABOUT 28 YEARS, R/O 701, GUDAPALLI, KOLLA VARI CENTER, MALAIKIPURAM, EAST GODAVARI DISTRICT PRESENTLY DR. B.R AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH-533244. EARTH MOVERS, REP. BY ITS OWNER PRASANTH PEDAPAJ, R/O D.NO 3-701, GUDAPALLI, KOLLA VAN I CENTER, MALAIKIPURAM, EAST GODAVARI DISTRICT PRESENTLY DR. B.R AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND THE UNION OF INDIA, REP.BY ITS SECRETARY, DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE, JEEVAN DEEP BUILDING, SANAD MARG, NEW DELHI-110001. M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY, PRAKASH NAGAR, RAJAMAHENDRAVARAM, REP. BY ITS G.P.A HOLDER, CHINTA SRINIVAS, S/O VENKATA RAMANA, SENIOR GER, VIJAYAWADA, AGED 45 YEARS, CHOLAMANDALM INVESTMENT AND FINANCE COMPANY PVT. IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA PRASANTH PEDAPATI, S/O PRAKASAM, AGED ABOUT 29 YEARS, 701, GUDAPALLI, KOLLA VANI CENTER, MALAIKIPURAM, EAST FODAVARI DISTRICT PRESENTLY DR. B.R ANDHRA PRADESH-533244. NAVYA PEDAPATI, W/O PRASANTH, AGED ABOUT 28 YEARS, R/O 701, GUDAPALLI, KOLLA VARI CENTER, MALAIKIPURAM, EAST GODAVARI DISTRICT PRESENTLY DR. B.R AMBEDKAR 533244. EARTH MOVERS, REP. BY ITS OWNER PRASANTH 701, GUDAPALLI, KOLLA VAN I CENTER, MALAIKIPURAM, EAST GODAVARI DISTRICT PRESENTLY DR. B.R AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH-533244. ...PETITIONER(S) REP.BY ITS SECRETARY, DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE, JEEVAN DEEP M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY, PRAKASH NAGAR, RAJAMAHENDRAVARAM, REP. BY ITS G.P.A RINIVAS, S/O VENKATA RAMANA, SENIOR GER, VIJAYAWADA, AGED 45 YEARS, O/O CHOLAMANDALM INVESTMENT AND FINANCE COMPANY PVT. 2 CMR,J & GTK,J W.P.No.145 of 2026 LTD, RAJAMAHENDRAVARAM, R/O PRAKASH NAGAR, RAJAMAHENDRAVARAM WITHIN PRAKASH NAGAR P.S LIMITS. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2nd Respondent already taken the possession of the secured Asset i.e G 1 building, RS No. 208/9 situated in Gudapalli Village and Gram Panchayat, Makilipuram Mandal, Razolu SRO, Dr. BR Ambedkar Konaseema District, Andhra Pradesh as per the orders of and the action of 2R1 Respondent in making attempts to sell the Petitioners secured property i.e G 1 building, RS No. 208/9 situated in Gudapalli Village and Gram Panchayat, Makilipuram Mandal, Razolu SRO, D.r .B.R Ambedkar Konaseema District, Andhra Pradesh without following the due process of law and even without issuing the sale notice to the petitioner as illegal, irregular, irrational and against principles of natural justice, violative of provision of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules framed thereunder and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2nd Respondent to follow the due process of law and also not to sale the petitioners Secured Asset 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 direct the Respondents to maintain the status quo with regard to the petitioners Secured Asset i.e G1 building, RS No. 208/9 situated in Gudapalli Village and Gram Panchayat, Makilipuram Mandal, Razolu SRO, Dr. B.R Ambedkar Konaseema District, Andhra Pradesh, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. NARESH BABU YERICHERLA Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.145 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. 2. Challenging the measures initiated by the respondent No.2-financial institution under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the Act’), for realization of the loan amount by bringing the secured asset for sale, the petitioners have filed the instant writ petition. 3. The petitioners have got an efficacious remedy of approaching the Debts Recovery Tribunal, which is the appropriate forum constituted under the special enactment for redressal of such grievances. But, without approaching the Tribunal, the petitioners have invoked the extraordinary jurisdiction of this Court under Article 226 of Constitution of India. The Supreme Court has time and again deprecated the said practice of entertaining writ petitions when the petitioners got remedy of approaching the Debts Recovery Tribunal which is constituted for the said purpose. Therefore, we are not inclined to interfere in the matter and to entertain the writ petition. 4. Resultantly, the Writ Petition is dismissed. However, liberty is granted to the petitioners to approach the Debts Recovery Tribunal seeking redressal of their 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: 06.01.2026 MDP