Neutral Citation:__________ Date of reserved for orders : NIL Date of pronouncement : 24.06.2026 Date of uploading : APHC010434632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] WEDNESDAY,THE TWENTY FOURTH 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: 22245/2025 Between: 1. M/S. DANDAMUDI ANAANI PRIVATE LTD.,, 6-3-68/10/5, DURGA NAGAR COLONY PUNJAGUTTA, HYDERABAD - 500 082, REP BY ITS MANAGING DIRECTOR MR. PRITHVIRAJ DANDAMUDI 2. SHANTHI KIRAN,, W/O. MR. D. V. RAO AGED ABOUT YEARS. ROAD 87, JUBILEE HILLS, HYDERABAD - 500 096. TELENGANA. ...PETITIONER(S) AND 1. UNION OF INDIA, REP.BY THE SECRETARY MINISTRY OF FINANCE, NEW DELHI. 2. DEBT RECOVERY TRIBUNAL III AT CHENNAI, 6TH FLOOR. ADDITIONAL OFFICE BUILDING, SHASTRI BHAWAN, HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI-600006. REP BY THE RECOVERY OFFICER. 3. BANK OF BARODA, INTERNATIONAL BUSINESS BRANCH NO.45, IV FLOOR. MORE STREET, CHENNAI-600001. REP.BY ITS 2 MANAGER. 4. ICICI BANK LIMITED REGIONAL OFFICE, ARIHANTH INSIGHT, PLOT NO.24, SOUTH PHASE, BLOCK NO.L, AMBATTUR INDUSTRIAL ESTATE, AMBATTUR, CHENNAI-600058. REP.BY ITS MANAGER. KANDERI FRUIT PACK PVT LTD, FLAT NO. FI, AGP SIVANIYAM, W-811, SYNDICATE BANK COLONY, ANNA NAGAR WEST EXTN., CHENNAI-600101. 5. KANDERI FRUIT PACK PVT LTD, FLAT NO. FI, AGP SIVANIYAM, W-811, SYNDICATE BANK COLONY, ANNA NAGAR WEST EXTN., CHENNAI-600101. 6. M/S KFPL DRUMS PVT LIMITED, OFFICE AT FLAT NO. FI, AGP SIVANIYAM, W-811, SYNDICATE BANK COLONY, ANNA NAGAR WEST EXTN., CHENNAI-600101. 7. THE REGISTRAR, DEBT RECOVERY TRIBUNAL III AT CHENNAI, 6TH FLOOR. ADDITIONAL OFFICE BUILDING, SHASTRI BHAWAN, HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI- 600006. 8. ASSISTANT REGISTRAR, DEBT RECOVERY TRIBUNAL III AT CHENNAI, 6TH FLOOR. ADDITIONAL OFFICE BUILDING, SHASTRI BHAWAN, HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI-600006. 9. SURAMAPLLI VEERA VENKATACHALA VARA PRASAD RAO, S/O. VENKATA SUBBA RAO SURAMPALLI, 9-1, RAAVICHERTTU CNETRE, MYLAVARAM, KRISHNA DISTRICT. 10. CHITTALURU NARESH, S/O. VNEKATESWARA RAO, 2-30, KORLAGUDE, KALLURU MANDAL, KHAMMAM DISTRICT, TELANGANA-507209. ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of certiorari or any other appropriate writ, a). To call for the records and proceedings pertaining to NDN No. 4730 of 2023 (appeal), on the file of the 2nd respondent. pertaining to the proceedings dated 5.8.2025 3 vide NDN No.4730 of 2023 (Appeal), on the file of respondent No.2 passed by the registrar (I/c) i.e. 7th respondent. b). To quash the proceedings pertaining to NDN No. 4730 of 2023 (appeal), on the file of the 2nd respondent, pertaining to the proceedings dated 5.8.2025 vide NDN No.4730 of 2023 (Appeal), on the file of respondent No.2 passed by the registrar (I/c) i.e. 7th respondent. c). To issue writ of mandamus declaring that the writ petitioner are not liable to pay pre-deposit to entertain the appeal vide NDN No. 4730/2023 (Appeal), on the file of the 2nd respondent. d). To direct the respondent No.2 to dispose of the appeal vide NDN No. 4730 of 2023 (appeal), on the file of the 2nd respondent, without insisting payment of pre- deposit e). To set-aside the order of confirmation of sale in favour of the respondents No.9 and 10 vide proceedings in TRC No.667 of 2023, dated 8.8.2025, on the file of 2nd respondent in respect of Item No.II of the e- auction sale notification dated 6.1.2024, on the file of the 2nd respondent and pass such 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 may be pleased to stay all further proceedings pursuant to order of confirmation of sale in favour of the respondents No.9 and 10 vide proceedings in TRC No.667 of 2023, dated 8.8.2025, on the file of 2"^ respondent in respect of Item No. II of the e-auction sale notification dated 6.1.2024, issued by the 2nd respondent 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 kindly receive the counter on record by allowing the leave petition in W.P.No. 22245 of 2025 in the interest of justice with deem fit and proper for the circumstance of the case. Counsel for the Petitioner(S): 1. RAMA RAO KOCHIRI Counsel for the Respondent(S): 1. MANOHAR REDDY NANDYALA 4 2. KUNUKU RAJA SEKHAR 3. 4. MUDUNURI ANAND KUMAR The Court made the following: 5 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.22245 of 2025 ORDER: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma) The writ petitioner No.1 is the guarantor in respect of the loan availed from respondent No.3 by respondent No.5. Respondent No.5 also availed a loan from respondent No.4 also, in respect of which the writ petitioners are not the guarantors. 2. Before DRT in the OA - ‘B’ Schedule Item No.1 of the property is mentioned as hereunder: Item No: 1: belonging to 2nd and 3rd Defendant/Judgment Debtor Mr. Madan Mohan Kanderi and Mrs. Kavitha Kanderi. Item No:1: Land with mango plantation at Chinnaettipakkam village, Sathyavedu Taluk, Chittoor District, AP. S Nos: 96-A, 88-2, 96-C, 94-18, 96-8, 100-B, 83-1 admeasuring 27.50 acres, Registration district of Balaji Thirupathi and registration sub- district of Sathyavedu: 1-(a) belonging to Mrs.Kavitha S No:88/1- Land extent: 4.67 acres, Bounded on the North by road; South: land in S.No:88/2 East: land in S.No:102 West: land in S.No:96. 1-(b) belonging to Mr.K.Madan Mohan S No:94/1-B Land extent:3.34 acres, Bounded on the North by Ponthavakkam road South: by canal & land owned by Ravindran & others East: by canal poramboke; West: by land owned by Mr.Ramachandra & others & common passage 6 1-(c) belonging to Mrs. Kavitha 5 No: 88/2- Land extent: 1.85 acres, Bounded on the North by land in S.No: 88/1 South: land in S.No:98; East: land in S.No:101; West: land in 5.No:96 1-(d) belonging to Mrs. Kavitha S No:100-B- Land extent:2.24 acres, Bounded on the North by land in S.No: 101. South: land in S.No: 100A; East: land in S.No: 102; West: land in S.No:98. 1-(e) belonging to Mr.K.Madan Mohan S No:96-C- Land extent: 5.40 acres. Bounded on the North by road South: land in S.No:96A Fast: land in S.No:88/1 now owned by Mrs.Kavitha West: by irrigation canal. 1-(f) belonging to Mr.K.Madan Mohan S No:96B- Land extent: 5.00 acres. Bounded on the North: by S No: 96/A South: by land owr.ed by Thevaram; East: by land owned by Jayakumar West: by irrigation canal Poramboke. 1-(g) belonging to Mr.K.Madan Mohan S No:96-A- Land extent:5.00 acres.; Bounded on the North by S No: 96/C South: by land owned by Seventhia in 'S No:96/8 East: by land in S No:88/2; West: by irrigation canal. 3. Item No.2 of the property belonging to M/s.Dandamudi Anaani Private Limited, writ petitioner No.1 herein, is mentioned hereunder: Land with mango plantation measuring 50.37 acres at S.No: 711/1, 2, 707, 709, 710, 709 at Putrela village, Krishna District, AP. 1) RS.No.709-extent 4.56 acres in Putrela village and Panchayath in Vissannapeta Taluk, Krishna district, AP, Bounded on the North: by Road on the boundary of VermiReddipalli village, South: by land of Madapaati Rami Reddy and K.Ganapathi Reddy. East: by land of MaddiReddi SeetharamiReddi & Maddrieddi Prabhakam Reddi, West: by 3 yards wide passage to go the land of K.Satyanaraya Reddy. 2) RS.No.707 extent: 2.39 acres out of the total extent of 23.80 acres of land with mango grove in Putrela village and 7 Panchayath in Vissannapetataluk, Krishna district, AP. Bounded on the North: by mango grove of G.Srinivasałao South: by 3 yards wide passage, East: by mango grove of Mandapati Rami Reddy & SrinivasaReddi, West: by mango grove of Pulagam laksmikantham. 3) RS.No.707-extent:2.00 acres out of the total extent of 23.80 acres of land with mango grove in Putrela village and Panchayath in Vissannapeta Taluk, Krishna district, AP. Bounded on the North: by land Koppula Sathanarayana Reddy, South: by 3 yards wide passage, East: by mango grove of Pulagam Pakshmikanthamma, West: by Mandapaati Rami Reddy & others. 4) RS.No.711/2 extent 2.79 acres out of the total extent of 3.58 acres of land with mango grove in Putrela Village and Panchayath in VissannapetaTaluk, Krishna district AP, Bounded on the, North: by land Veeranki Venkateswara Rao and Raamulu, South: by mango grove of RegallaSeetharami Reddy, East: by mango grove of Regalla Seetharami Reddy, West: by land purchased by Dandamudi Annani Pvt. Ltd. 5) RS.No.711/1 extent 3.20 acres in Putrela village and Panchayath in Vissannapeta Taluk, Krishna district AP, Bounded on the North: by mango grove of Naredla Madhavi, South: by mango grove of Naredla Satyanarayana Reddy, East: by land purchased by Dandamudi Annani Pvt. Ltd West: by mango grove of Naredla Sailaja. 6). RS.No.709-extent: 1.32 acres out of the total extent of 5.88 acres of land with mango grove in Putrela village and Panchayath in Vissannapeta Taluk, Krishna district, AP, Bounded on the North; by boundary of VemireddiPalli, South: by mango grove purchased from G.Srinivasa Rao by Dandamudi Annani Pvt. Ltd in RS.No.707. East: by Mango grove Purchased from G.Srinivasa Rao by Dandamudi Annani Pvt. Ltd, West: by mango grove Koppula Lakshma Reddi. 7) RS.No.710-extent: 6.25 acres out of the total extent of 8.61 acres of land with mango grove in Putrela Village and Panchayath in Vissannapeta Taluk, Krishna district, AP, Bounded on the North; by of Maddrieddi Seetharami Reddy, etc, South: by land of P.Nagarathnam, East: by land of Maddireddi 8 Damodara Reddy, West: by land purchased by Neredla Satyanarayana Reddy from Koppula Ramamohan Reddi, 8) RS.No.710-extent: 2.36 acres out of the total extent of 8.61 acres of land with mango grove in Putrela village and Panchayath in Vissannapeta Taluk, Krishna district, AP, Bounded on the North; by land of Pandi Narayana, South: by land sold to Naredla Satyanarayana Reddy, East: by land purchased by Naredla Madhavi, West: by land of Maddireddy Damodara Reddy & Pradhalara Reddy. 9) RS.No.710-extent 4.50 acres in Putrela village and Panchayath in Vissannapeta Taluk, Krishna district AP, Bounded on the, North: by land of Pandi Narayan etc, South: by mango grove of Regalla Krishna Reddy, East: by mango grove of Veranki Ramulu, West: by land sold to Naredla Satyanarayana Reddy & Naredla Sailaja. 10) RS.No.707 extent 2.00 acres in Putrela village and Panchayath in Vissannapeta Taluk, Krishna district AP, Bounded on the North: by land of Koppula MallaReddy Pandi Naranyana, etc, South: by land of Koppula Lakshma Reddy, East: by land of Naredla Sailaja, West: by private land of 2 yards and 4 yards of common passage. 11) RS.No.707-extent: 1.00 acre out of the total extent of 23.80 acres of land with mango grove in Putrela village and Panchayath in Vissannapeta Taluk, Krishna district, AP, Bounded on the North; by land of N. Satyanarayana Reddy's mango grove, South: by party by land of Satyanarayana Reddy & party of 4 yards wide passage, East: by mango grove of N Sailaja, West: by mango grove of Mandapatti Rami Reddy. 12) RS.No.710-extent: 10.00 acres out of the total extent of 34.00 acres of land with mango grove in Putrela village and Panchayath in Vissannapeta Taluk, Krishna district, AP, Bounded on the North; by land purchased by Naredla Sailaja, South: by partly by mango grove of Naredla Sailaja & partly by mango grove of Madapatti Rami Reddy, East: by mango grove of Ragalla Krishna Reddy, West: by land of K.Buchi Reddy. 9 13) RS.No.710-extent: 6.00 acres out of the total extent of 34.00 acres of land with mango grove in Putrela village and Panchayath in Vissannapeta Taluk, Krishna district, AP. Bounded on the North; by land of Naredla Sailaja purchased by M/s. Dandamidi Annani Pvt. Ltd, South: by land of Regalla Seetharamai Reddy, East: by land of Regalla Seetharami Reddy, West: by land of Koppula Lakhsma Reddy. 14) RS.No.707-extent: 2.00 acres out of the total extent of 23.80 acres of land with mango grove in Putrela village and Panchayath in Vissannapeta Taluk, Krishna district, AP, Bounded on the North; by mango of Koppula Satyanarayan Reddy, South: by 3 yards wide passage, East: by mango grove of Goli Srinivasa Rao, West: by mango grove of Goli Srinivasa Rao. 4. The above are stated to be the subject properties. Item No.1 belongs to the creditor and Item No.2 belongs to the petitioner. 5. However, on auction, the sale proceeds of Item No.1 were sufficient to discharge the dues payable to respondent No.3-Bank and the balance amount was also deposited into the account. 6. It is submitted for the writ petitioner that, in spite of the loan amount having been cleared in its entirety out of the amount realized by respondent No.3-Bank, respondent No.3 again proceeded with the sale of Item No.2 property under the sale notice. The writ petitioners herein moved to concerned Debts Recovery Tribunal-III, Chennai, and while entertaining the application moved by the writ petitioners herein, the Debts Recovery Tribunal-III, Chennai, insisted for deposit of 50% of the amount mentioned in the e-auction notice dated 19.05.2022. Such insistence is not necessary when entire loan amount is realized by way of auction of item.No.1 10 property. The question is whether respondent No.3 can proceed against item No.2 property belonging to the guarantor when the fruits of the auction sale of item No.1 belonging to the creditor are already sufficient and adjusted towards the dues of respondent No.3 and for rising that issue whether deposit of 50% of amount is necessary? The attempts made to convince the Bench were not fruitful and the Registry itself rejected the application on the ground of non-compliance with the deposit of 50%. Therefore, the writ petitioners are before this Court. 7. While referring to: 1. The loan amount due to respondent No.3 has been realized on the sale of item No.1. 2. This is not in dispute even as per the submission made by the learned counsel appeared virtually for respondent No.3-Bank. 3. Respondent No.4 has no claim in respect of the item No.2 property and the petitioners are not the guarantors to the loan made available by respondent No.4. It is submitted that the objection of Registry concerned is not tenable. Since the petitioners have moved to concerned Tribunal, the Tribunal is directed to consider the said objection in the light of the points raised and pass an appropriate order on the judicial side as early as possible, for which the writ petitioners shall cooperate. Till then, respondent 11 No.3-Bank shall not take any steps in respect of property of the guarantor covered under item No.2 of the e-auction sale notice dated 06.01.2024. With this direction, the Writ Petition is disposed of. 8. There shall be no order to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A. HARI HARANADHA SARMA Date:24.06.2026 SA/CMK 12 Whether the order is: Speaking Yes/No Reasoned Yes/No Reportable Yes/No Non-reportable Yes/No 13 23 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.22245 of 2025 Date:24.06.2026 SA/CMK