1 APHC010361692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3602] FRIDAY, THE 17th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 19561/2026 Between: 1. SMT. SHYAM SUPRIYA, , W/O G. RAJASHEKHAR, AGED ABOUT 46 YEARS, R/O H. NO.36-71-973, VIP ROAD, RAJEEV NAGAR, ONGOLE - 523001. 2. M/S. SATYA EXPORTS,, REPRESENTED BY ITS PROPRIETOR,SRI N.V. SUDHAKAR, AGED ABOUT 70 YEARS, PLOT NOS.470 TO 481, APIC-IGC, GUNDLAPALLI VILLAGE, MADDIPADU MANDAL, PRAKASAM DISTRICT- 523211. 3. SMT. N. KARUNA, , W/O SRI N.V. SUDHAKAR, AGED ABOUT 65 YEARS, R/O D.NO.7-5-130, MANGAMUR DONKA, ONGOLE - 523001.. 4. SRI N.V. SUDHAKAR, , S/O N.V. VENKATA KRISHNAIAH, AGED ABOUT 70 YEARS, R/O D. NO.7-5-130, MANGAMUR DONKA, ONGOLE - 523001 ...PETITIONER(S) AND 1. ANDHRA PRADESH STATE FINANCIAL CORPORATION APSFC, REP. BY THE AUTHORISED OFFICER, 37-4-406/4, 2ND LANE, BHAGYA NAGAR, ONGOLE - 523001. 2. THE DEBT RECOVERY TRIBUNAL, , REP BY ITS REGISTRAR, CHITRALAYA ROAD, NEAR LEELAMAHAL ROAD DABA GARDENS, 2 JAGADAMBA JUNCTION VISAKHAPATNAM, ANDHRA PRADESH 530 020 ...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 toCourt may be pleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the inaction of the Respondent No 2 Debts Recovery Tribunal, Visakhapatnam, in not disposing of the Petitioners pending Interlocutory Application in I.A. No.4007/ 2025 in S.A. No. 638 / 2025, Dt 10.10.2025 and the action of the Respondent-Andhra Pradesh State Financial Corporation in proceeding to take physical possession of the petitioner at D.No.36-71-973, Ward No.36, Rajeev Nagar, near VIP Road, Ongole Municipal Corporation, Prakasam District pursuant to the orders passed by the Court of the Chief Judicial Magistrate-cum- Principal Senior Civil Judge, Ongole in CrI.M.P. No.66 of 2026, through the Advocate Commissioner, for taking physical possession of the petitioner schedule residential property, despite the pendency of the statutory proceedings before the Debts Recovery Tribunal, as illegal, arbitrary, violative of the principles of natural justice and Articles 14, 21 and 300A of the Constitution of India, and consequently direct the Respondents not to take physical possession of the petition schedule property, situated at D.No.36-71-973, Ward No.36, Rajeev Nagar, near VIP Road, Ongole Municipal Corporation, Prakasam District, until the Petitioners pending Interlocutory Application in I.A. No. 4007 /2025 in S.A. No. 638 /2025 is heard and disposed of by the Debts Recovery Tribunal, Visakhapatnam. 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 Respondent No 1 Andhra Pradesh State Financial Corporation, or any person claiming through it, not to take physical possession of the petition schedule residential property, situated at D.No.36- 71-973, Property Ward No.36, Rajeev Nagar, near VIP Road, Ongole Municipal Corporation, Prakasam District, , pursuant to the proceedings in CrI.M.P. No.66 of 2026 and the Advocate Commissioner's notice dated 30.06.2026, pending disposal of I.A. No. 4007/ 2025 in S.A. No.638/ 2025 before the Honble Debts Recovery Tribunal, Visakhapatnam, and pass such 3 Counsel for the Petitioner(S): 1. SUDHESHNA YAKKALA Counsel for the Respondent(S): 1. G R SUDHAKAR The Court made the following: 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 19561 of 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) Heard Mrs Y.Sudhesna, learned counsel for the petitioners and Mr G.R.Sudhakar, learned counsel appearing for the 1st respondent. Perused the record. 2 Learned counsel for the petitioners submits that the petitioners approached the Debts Recovery Tribunal, Visakhapatnam by way of filing S.A.No.638 of 2025 and along with the said S.A., an interlocutory application vide I.A.4007 of 2025 was also filed seeking stay of the proceedings initiated under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The learned counsel contends that even though the S.A., was filed as early as on 15.10.2025, no orders have been passed in the Interlocutory application. In the meantime, steps have been taken by issuing a public notice, dated 30.06.2026, for taking physical possession of the secured asset. The learned counsel submits that if physical possession is taken, the Securitisation Application before the Debts Recovery Tribunal would become academic and infructuous. 5 3. The learned counsel for the petitioners places reliance on the order passed by this Court in W.P.No.2428 of 2025, dated 30.01.2025. 4. As per the facts borne out of the record, S.A.No.638 of 2025 which was filed along with I.A.No.4007 of 2025 was pending before Debts Recovery Tribunal, Visakhapatnam till date. If the respondents proceed to take physical possession of the subject property, definitely the interest of the petitioners would be defeated. 5. In view of the same, by following the order passed by this Court in W.P.No.2428 of 2025, dated 30.01.2025 we are inclined to dispose of the present Writ Petition with the following directions:- 1) The Debts Recovery Tribunal, Visakhapatnam is directed to dispose of I.A.No.4007 of 2025 in S.A.No.638 of 2025 pending on its file by following due process of law within a period of two (2) weeks from today. At this juncture, learned counsel for the 1st respondent would submit that S.A itself is listed to today for hearing. In view of the same, the Debts Recovery Tribunal, Visakhapatnam is directed to dispose of I.A.No.4007 of 2025 within a period of two (2) weeks from today if such I.A., or S.A are not disposed of. 2) Till such time, as appropriate orders are to be passed by the Debts Recovery Tribunal, status-quo as on today to be maintained with regard to the secured asset. 6 6. Accordingly, with the above directions, this Writ Petition is disposed of. There shall be no order as to costs. 7. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUNITHA GANDHAM Dated: 17.07.2026 TM