Extracted from the PDF above. The PDF is authoritative.
APHC010214692026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT PETITION NO: 10826 of 2026 Bench Sr.No:-3 [3575]
Koppula Srilakshmi ...Petitioner Vs. The Authorized Officer and others ...Respondent(s) *********
CORAM:
HON’BLE MRS JUSTICE LISA GILL HON’BLE MR JUSTICE NINALA JAYASURYA DATE : 22nd APRIL, 2026
Present: Mr. S. Sai Roopesh, Advocate for Petitioner.
None appears for Respondents.
LISA GILL, J.
1. Petitioner herein has challenged the proceedings initiated by respondent-bank under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the “SARFAESI Act”), against her raising various grounds, to submit that proceedings are illegal, arbitrary, and in violation of specific provisions of the SARFAESI Act.
2. Admittedly, S.A.No.617 of 2025, filed by petitioner, is pending adjudication. Learned counsel for petitioner submits that, during pendency of said petition, Crl.M.P.No.148 of 2026 was filed by respondent–bank, in which, notice was issued to petitioner on 04.04.2026 directing her to vacate her residential house by 20.04.2026. Learned Chief Judicial Magistrate, East Godavari District, Rajamahendravaam (for short, „CJM‟) appointed Advocate- Commissioner and warrant was made returnable by 27.04.2026. Learned
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Advocate-Commissioner issued notice dated 04.04.2026 directing petitioner to vacate the residential premises on 20.04.2026.
3.
Learned counsel for petitioner submits that applications in I.A.Nos.3985 of 2025 and 461 of 2026 were filed, seeking stay of proceedings pursuant to
order dated 17.03.2026 and notice dated 04.04.2026 issued by Advocate- Commissioner. However, respondent–bank, took time to file counter and matter was adjourned by learned Debts Recovery Tribunal, Visakhapatnam (for short, „DRT‟) on 21.04.2026 for four (4) weeks. Therefore, the present Writ Petition should be entertained.
4. We have heard learned counsel for petitioner and have perused the file.
5. At this stage, we do not find any ground which calls for interference in exercise of jurisdiction under Article 226 of Constitution of India. However, in
order to obviate any prejudice to petitioner, it is directed that in case, an advance application is filed by petitioner, the same be entertained by learned DRT and the matter/application seeking stay of proceedings pursuant to passing of order dated 17.03.2026 by learned CJM be taken up, for final disposal without fail and in case, feasibility of interim orders, as may be required would also be explored and adjudicated upon.
6. Writ Petition is disposed of, accordingly. No costs. Pending application(s), if any, stand(s) disposed of, accordingly.
(LISA GILL) JUDGE
(NINALA JAYASURYA) JUDGE
Date: 22.04.2026 MS
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HON’BLE MRS JUSTICE LISA GILL HON’BLE MR JUSTICE NINALA JAYASURYA
Writ Petition No.10826 of 2026 Date: 22.04.2026
MS