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2026 DAILYLAW 5168 (AP)

AU SMALL FINANCE BANK LIMITED v. THE STATE OF ANDHRA PRADESH

WP/8879/2026 · 2026-07-07

Battu Devanand, Sunitha Gandham

body2026

Judgment text

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Date of reserved for orders/judgment: - Date of pronouncement: 08-07-2026 Date of uploading : APHC010166712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 8th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 8879 OF 2026 Between: 1. AU SMALL FINANCE BANK LIMITED, a banking company incorporated under the Companies Act, having its registered office at Jaipur, Rajasthan, and branch office at Door No. 10-203- 14, 1st Floor, JS Towers, College Road, Markapuram, Prakasam District, Andhra Pradesh - 523316, Represented by its Authorized Signatory. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The Station House Officer, Markapur Town Police Station, Prakasam District, Andhra Pradesh. 3. ICICI Bank Limited, Rep. by its Authorized Officer, Ongole Branch, Prakasam District, Andhra Pradesh. 4. RSSV Raghavendra, Advocate, Advocate Commissioner in Crl.M.P.No. 22 of 2026 Ongole Bar Association, Prakasam District. 5. Adimulapu Sam Subhakar, S/o. Adimulapu Johnson, aged about 56 years, R/o 10-203-14, College Road, Markapur-523316. 6. Adimulapu Syamala, W/o. Adimulapu Sam Subhakar, aged about 49 years RJo 10-203-14, College Road, Markapur-523316 ...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 topleased pass an order to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus (i) declaring the action of the Respondents, particularly Respondent Nos. 3 and 4, in attempting to dispossess the Petitioner Bank from the leased premises situated at D.No. 10-203-14, 1st Floor, JS Towers, College Road, Markapuram, Prakasam District pursuant to proceedings under Section 14 of the SARFAESI Act in Crl.M.P. No. 22 of 2026, as illegal, arbitrary, contrary to law and violative of principles of natural justice and contrary to settled law protecting lawful tenants (ii) declaring the notice dated 07.03.2026 issued by Respondent No.4 Advocate Commissioner, as illegal, without authority of law and beyond the scope of the order passed under Section 14 of the SARFAESI Act (iii) directing the Respondents not to dispossess the Petitioner from the leased premises except by following due process of law (iv) directing Respondent Nos. 3 and 4 to grant reasonable time for relocation of banking operations and (iv) 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 direct the Respondents not to dispossess the petitioner from the leased premises situated at D.No. 10-203-14, 1st Floor, JS Towers, College Road, Markapuram, Prakasam District, pending disposal of the present Writ Petition, and pass Counsel for the Petitioner: PRATHIWADA VARUN KUMAR Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:P BADRINATH The Court made the following order: THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 8879 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) The Writ Petition is filed seeking Writ of Mandamus to declare (i) action of the respondents, particularly respondent Nos.3 & 4, in attempting to dispossess the petitioner/bank from the leased premises situated at D.No.10- 203-14, 1st floor, JS Towers, College Road, Markapuram, Prakasam District pursuant to proceedings under Section 14 of the SARFAESI Act in Crl.M.P.No.22 of 2026, as illegal (ii) To declare the Notice, dated 07.03.2026 issued by the respondent No.4-Advocate Commissioner, as illegal (iii) To direct the respondents not to dispossess the petitioner from the leased premises except by following due process of law; (iv) To direct respondent Nos.3 and 4 to grant reasonable time for relocation of banking operations; and (iv) pass any such order or orders. 2. When the matter is taken up for hearing today, Mr.P.Varun Kumar, learned counsel for the petitioner submits that this Writ Petition has become infructuous in view of the subsequent developments during the pendency of the Writ Petition. 3. The submission of the learned counsel for the petitioner is placed on record. 4. Accordingly, the Writ Petition is dismissed as infructuous. 5. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE BATTU DEVANAND _________________________________ JUSTICE SUNITHA GANDHAM Dated: 08.07.2026 PKR Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM 68 WRIT PETITION NO: 8879 OF 2026 Dated: 08.07.2026 PKR