Date of reserved for orders : Date of pronouncement : 14.07.2026 Date of uploading :16.07.2026 APHC010384952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3602] TUESDAY, THE 14th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 19464/2025 Between: 1. SREE GEETA COMMERCIAL CORPORATION, REP. BY ITS PROPRIETOR, MR. BALA GANGADHAR POKURI, S/O. POKURI VENKATA SUBBA RAO, AGED ABOUT 54 YEARS, R/O. D.NO.9-76- 35, KT ROAD, NEAR KOMAL VILAS, KOTHAPETA, VIJAYAWADA 2. MR. BALA GANGADHAR POKURI,, S/O. POKURI VENKATA SUBBA RAO, AGED ABOUT 54 YEARS, R/O. D.NO.9-76-35, KT ROAD, NEAR KOMAL VILAS, KOTHAPETA, VIJAYAWADA 3. SMT. NAYANA PRADEEPA POKURI,, W/O. BALA GANGADHAR POKURI, AGED ABOUT 50 YEARS, R/O. D.NO.9-76-35, KT ROAD, NEAR KOMAL VILAS, KOTHAPETA, VIJAYAWADA . ...PETITIONER(S) AND 1. THE UNION OF INDIA, REP BY ITS SECRETARY, FINANCE DEPARTMENT, SOUTH BLOCK, NEW DELHI 2. THE INDUSIND BANK, REP. BY ITS AUTHORISED OFFICER, D.NO. 40-1-55/A, WR SQUARE MG ROAD, NEAR BENZ CIRCLE, VIJAYAWADA - 520010 3. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, NTR 2 DISTRICT, VIJAYAWADA 4. REVENUE DIVISIONAL OFFICER, VIJAYAWADA, NTR DISTRICT 5. THE TAHSILDAR, VIJAYAWADA RURAL MANDAL NTR DISTRICT 6. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY, NTR DISTRICT. ...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 topleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the Proceedings in File NO.REV02-MAGL0SARF/10/2024-MAGL 5 dated 02-06-2025 of the 3rd Respondent as illegal, irregular, arbitrary, unjustified, unconstitutional, unsustainable and contrary to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Rules framed thereunder and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set-aside the same and pass 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 pleased to stay all further proceedings of the Respondents in pursuance of File NO.REV02-MAGL0SARF/10/2024-MAGL 5 dated 02-06-2025 of the 3rd Respondent and pass Counsel for the Petitioner(S): 1. CHERUVU CHAITANYA BHARGAVA SARMA Counsel for the Respondent(S): 1. J VENKATESWARA PRASAD 2. GP FOR HOME 3. GP FOR REVENUE 4. NARASIMHARAO GUDISEVA (CENTRAL GOVT COUNSEL) The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HON’BLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION No.19464 of 2025 ORDER: (Per Hon’ble Sri Justice Battu Devanand) The writ petitioners filed S.A. No.535 of 2024 before the Debt Recovery Tribunal (DRT), Visakhapatnam in the month of October, 2024, has been dismissed on 23.04.2025 for non-prosecution. 2. Thereafter, a restoration application was filed before the DRT, Visakhapatnam, and the same is pending. Apprehending dispossession from the secured asset, the petitioners filed the present writ petition. 3. On 28.07.2025, when this case was listed for admission before a Coordinate Bench of this Court, it directed the DRT, Visakhapatnam, to pass appropriate orders on the restoration application and till such time, status-quo with regard to the possession of the petitioners, as on that day, shall be maintained. 4. When this case has been taken up for hearing on 30.06.2026, this Court noticed that no counter affidavit has been filed on behalf of the respondent No.2-Bank, though several opportunities have been provided. 5. Sri. P. Veera Reddy, learned Senior Counsel appearing for the petitioner, brought to the notice of the Court on that day that the restoration petition was also not disposed of by the DRT, Visakhapatnam, as directed by a Coordinate Bench of this Court on 28.07.2025. 4 6. During the course of hearing of this case today, learned Senior Counsel, on instructions, would submit that on 13.07.2026, the DRT, Visakhapatnam passed orders in the restoration petition filed by the petitioners and posted S.A. No. 535 of 2024 after three (03) weeks i.e., on 03.08.2026. 7. Learned counsel for the petitioner further submits that the stay petition filed by the petitioner along with the S.A. is still pending and sought direction to protect the interests of the petitioners in this case, till the disposal of the stay petition which is pending before the DRT, Visakhapatnam. 8. As there is no counter affidavit filed by the respondents even after sufficient time is granted, having taken into consideration the submissions of the learned Senior Counsel that the S.A has been restored, in our considered view, it is appropriate and reasonable to dispose of the writ petition with certain directions to meet the ends of justice. 9. Accordingly, this Writ Petition is disposed of with the following directions. 1. The DRT, Visakhapatnam shall consider and dispose of the S.A. No.535 of 2024 by following due process of law as expeditiously as possible. 2. The DRT, Visakhapatnam shall pass appropriate orders in accordance with law in the stay application filed along with the S.A. 5 No.535 of 2024, within a period of two (02) weeks from the date of receipt of a copy of this order. 3. Till the disposal of the stay petition, the status-quo order passed by this Court shall continue. 10. 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 Date: 14.07.2026 SA Whether the order is : Speaking 𝑌𝑒𝑠 /No / Reasoned Yes/No Reportable Yes/No / Non-Reportable 𝑌𝑒𝑠 /No 6 𝟕𝟒 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HON’BLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO.19464 of 2025 Date: 14.07.2026 SA