Date of reserved for orders/judgment: Date of pronouncement: Date of uploading : APHC010223012026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND 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: 11218 OF 2026 Between: 1. ALPHA CONSTRUCTIONS, DoorNo.l3-lll-13,F-403/3, S.R. Residency, Shatabdi Nagar, Chinnamushidiwada, Visakhapatnam Rep. by its Managing Partner Penumarla Yadagiri, 2. Yalamanchili Srikanth,, S/o Yalamanchili Narasimha Rao, Aged 47 years, R/o Door No. 13-48, Devarapalli village AND Mandal, West Godavari District. ...Petitioners AND 1. BANK OF BARODA, Rosar Branch, Regional Office, D.No. 10-1-44/10 and 11, Peejay Plaza, 4TH Floor, VIP Road, VisaKhapatnam- 530 003, Rep. by its Authorized Officer. 2. Bank of Baroda, Door No.58-1-348, Buchirajupalem, Main Road, NAD Junction, Visalchapatnam -530 009 3. S Ranga Rao, Advocate Commissioner in Crl.MP.No. 162/2026, in the court of Chief Judicial Magistrate-Cum- Principal Civil Judge (Senior Division), Eluru. ...Respondents 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 pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in filing Crl. M.P.No.162 of 2026 on the file of the Court of Chief Judicial Magistrate- -Principal Civil Judge (Senior Division), Eluru under section 14(1) of SARFAESI Act, 2002 and further the order passed by Chief Judicial Magistrate-cum-Principal Civil Judge (Senior Division), Eluru appointing the 3rd respondent Advocate Commissioner to take possession of the house Door No. 13-48, Devarapalli village and Mandal, West Godavari District illegal, arbitrary, contrary to the orders dated 12.08.2025 passed by the Debts Recovery Tribunal, Visakahapatnam and also contrary to the provisions of SARFAESI Act, 2002 and the rules made there under and also violative of Principles of Natural Justice and set aside the same 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 pleased to stay all further proceedings including taking possession of the house Door No. 13-48, Devarapalli village & Mandal, West Godavari District, pending disposal of the above Writ Petition and pass Counsel for the Petitioners: V SANTHISREE Counsel for the Respondents: SRAVAN KUMAR MANNAVA Counsel for the Respondents: The Court made the following order: THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.11218 of 2026 ORDER:(Per Hon’ble Sri Justice A. Hari Haranadha Sarma) This Writ Petition is directed against the proceedings in Crl.M.P.No.162 of 2026 on the file of the learned Chief Judicial Magistrate-cum-Principal Senior Civil Judge, Eluru, which is pending in terms of Section 14 (1) of the SARFAESI Act, 2002, particularly with regard to attempting to take the possession of the subject property. 2. When the matter is taken up for hearing, learned counsel for the respondents would submit that the Bank undertakes to take fresh exercise in terms of Section 13(2) of the SARFAESI Act, 2002 and they will not be pursuing with the proceedings questioned. 3. Recording the same, since the grievance is addressed, the Writ Petition is closed, leaving it open to both the parties to pursue their grievance, if any, under law. 4. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A.HARI HARANADHA SARMA Dated: 22.06.2026 PKR Whether the order is: Speaking Reasoned Reportable Non-Reportable THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA 116 WRIT PETITION NO: 11218 OF 2026 Dated: 22.06.2026 PKR