Extracted from the PDF above. The PDF is authoritative.
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APHC010280622026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 14471/2026 Between:
1. N. RAMESH REDDY, S/O.KRISHNA REDDY, AGED ABOUT 63 YEARS, R/O.D.NO.25-3-1724(OLD), D.NO.25-3-1482 (NEW), 4TH STREET, GOWTHAMI NAGAR, PADMAVATHI CENTRE, PODALKUR ROAD, NELLORE, SPSR NELLORE DISTRICT.
...PETITIONER AND
1. CANARA BANK, REGIONAL OFFICE, RECOVERY SECTION, RITHWIK ENCLAVE, AK NAGAR, NELLORE - 524 004, REP. BY ITS AUTHORIZED OFFICER.
2. THE BRANCH MANAGER, CANARA BANK, NELLORE MAIN BRANCH, JONNALAGADDA VARI STREET, NELLORE TOWN, SPSR NELLORE DISTRICT - 524 001.
...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
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pleased tomay be pleased to issue a Writ of Mandamus declaring the action of the respondents in proposing to auction the residential house bearing D.No.25-3-1724(New), D.No.25-3-1482 (Old), 4th Street, Gowthami Nagar, Padmavathi Centre, Podalkur Road, Nellore, SPSR Nellore District pursuant to the auction notice issued by the respondent bank dated 15.04.2026 which was published in the Sakshi Telugu Newspaper on 17.04.2026 pending stay petition I. A. No.2147/2026 in S.A.No.297/2026 as illegal, arbitrary, one without jurisdiction and in violation of principles of natural justice and consequentially set aside the auction notice dated 15.04.2026 which was published on 17.04.2026 and pass such 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 may be pleased to stay the proposed auction to be conducted on 18.06.2026 by the respondent bank pursuant to the sale notice dated 15.04.2026 which was published on 17.04.2026, pending disposal of this writ petition pass such Counsel for the Petitioner:
1. C SUBODH Counsel for the Respondent(S):
1. The Court made the following:
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THE HONOURABLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT PETITION No.14471 of 2026
ORDER: (per Hon’ble Sri Justice A. Hari Haranadha Sarma)
The present Writ Petition is filed seeking Writ of Mandamus declaring the action of the respondents in proposing to auction the residential house bearing D.No.25-3-1724(New), D.No.25-3- 1482(old), 4th Street, Gowthami Nagar, Padmavathi Centre, Podalkur Road, Nellore, SPSR Nellore District, pursuant to the auction notice issued by the respondent-Bank, as illegal and arbitrary and consequently, to set aside the e-auction notice dated
15.04.2026.
2. Heard Sri C.Subodh, learned counsel for the petitioner and Sri Prudhvi Raju Mudunuri, learned Standing Counsel appearing for the respondents.
3.
Learned counsel for the petitioner submits that the petitioner would avail the efficacious alternative remedy available under
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Sections 17 and 19 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short the ‘SARFAESI Act’). He further submits that some reasonable time may be granted to the petitioner to approach the appropriate forum and avail the alternative remedy available under law.
4. Recording the above submissions, the Writ Petition is
disposed of, granting liberty to the petitioner to approach the appropriate forum and avail the statutory remedy available under law within a period of two (02) weeks from the date of receipt of a copy of this order. Till the expiry of the said period, both parties shall maintain status quo with regard to the subject property. There shall be no order as to costs.
As a sequel, interlocutory applications, if any pending, shall stand closed. ____________________ BATTU DEVANAND, J
______________________________ A. HARI HARANADHA SARMA, J Date: 16.06.2026. Pab
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THE HONOURABLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT PETITION No.14471 of 2026 DATE: 16.06.2026
Pab