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2026 DAILYLAW 3824 (AP)

SMT. P.ARUNA KUMARI, v. Authorized Officer / Chief Manager, Karnataka Bank Ltd,

WP/13832/2026 · 2026-06-28

A Hari Haranadha Sarma, Battu Devanand

Civil Appealbody2026

Judgment text

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Date of reserved for orders : NIL Date of pronouncement : 29.06.2026 Date of uploading : APHC010254892026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 13832/2026 Between: 1. SMT. P.ARUNA KUMARI,, W/O P. SUBRAHMANAYAM, AGED 46 YEARS R/O D-1, IV FLOOR, LASYA HEIGHTS, NELLORE CITY, SPSR NELLORE DISTRICT-524001 ...PETITIONER AND 1. AUTHORIZED OFFICER / CHIEF MANAGER KARNATAKA BANK LTD, ASSETS RECOVERY MANAGEMENT BRANCH, PLOT NO.50, SRINAGAR, COLONY, ROAD NO.3 BANJARA HILLS, HYDERABAD TELANGANA STATE- 500034 2. THE BRANCH MANAGER KARNATAKA BANK LTD, MAIN BRANCH D.NO. 15/201,KAVERI BUILDING, GOTURUVARI STREET, BRINDAVANAM, NELLORE CITY, SPSR NELLORE DISTRICT, ANDHRA PRADESH- 524002 ...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 Writ of Mandamus a. declaring the inaction of the Respondents in not handing over physical possession of the Nellore 2 Municipal Corporation, Nellore Bit-1 area. Military Colony, C.A.S No.588, Plot No. 10 Consisting of 266.66 sq.ft or 222.969 sq.mts. of site along with MTC slab house of 966 sq. ft. or 89.744 sq. mts. therein in ward No.24 Door No. 1820-7 to the Petitioner despite completion of auction sale as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India Consequently direct the Respondents to forthwith handover physical possession of the subject property to the Petitioner, b. Further direct the Court of the Chief Judicial Magistrate, SPSR Nellore District, Nellore to dispose of CrI.M.P. No. 362 of 2023 in C.F. No. 597 of 2023 filed under Section 14 of the SARFAESI Act, within a time-bound period, preferably within two (2) weeks or such period as this Honble Court deems fit. c. 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 direct the Respondents to handover the physical possession of the Nellore Municipal Corporation, Nellore Bit-1 area, Military Colony, C.A.S No.588, Plot No. 10 Consisting of 266.66 sq. ft or 222.969 sq. mts. of site along with MTC slab house of 966 sq. ft. or 89.744 sq. mts. therein in ward No.24 Door No.1820- 7, pending disposal of the above Writ Petition, and pass such Counsel for the Petitioner: 1. T V P SAI VIHARI Counsel for the Respondent(S): 1. SRAVAN KUMAR MANNAVA 2. The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.13832 of 2026 ORDER: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma) The writ petitioner is the auction purchaser of the property sold at the instance of the respondent-Bank through the Recovery officer. 2. The grievance of the writ petitioner is that the Bank, after conducting the auction, is not delivering possession and he seeks a direction to the Bank to deliver possession and his further prayer is to direct the Chief Judicial Magistrate, SPSR Nellore District, to dispose of Crl.M.P.No.362 of 2023, pending on his/her file. Since the Bank has already taken steps in terms of Section 14 of the SARFAESI Act, as pleaded in the petition, the grievance of writ petitioner is substantially addressed. It is represented that the Bank is pursuing the matter. 3. Further grievance of the writ petitioner is that the application filed by Bank is not disposed of by the concerned Magistrate. Therefore, the Bank is at liberty to make an application for expeditious disposal of the application filed vide Crl.M.P.No.362 of 2023. On such filing, the Chief Judicial Magistrate, SPSR Nellore district is directed to consider the same at the earliest. With the above direction, the writ petition is disposed of. 4. There shall be no order to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A. HARI HARANADHA SARMA Date:29.06.2026 SA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 86 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.13832 of 2026 Date:29.06.2026 SA