APHC010321112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NOs: 16869 and 23595 OF 2026 WRIT PETITION NO: 16869 OF 2026 Between: 1. MANCHIKALAPUDI SRINIVASA RAO, S/o Narasimha Rao, Aged about 61 Years, Suspended Director, Flat No.9, Bommarillu Apartment, Rajendra Nagar 5th line, Pattabhipuram, Guntur-522006. ...Petitioner AND 1. M/s Union Bank of India, Rep by its General Manager Asset Recovery Branch, Door No.26-15-150, Andhra Bank Building Chengalraopeta, Vishakhapatnam, A.P-530001. 2. Venkata Narsinga Rao Kalvokata, In the capacity of Interim Resolution Professional Reg.No. IBBI/IPA-001/IP/P-01361/2018-19/12130) R/o. Flat No. 103, Balaji Vishwam Vihar Apartment Madura Nagar, Ramanthapur, Hyderabad, Telangana State-500013. 3. National Company Law Tribunal NCLT, Amaravati, 2nd Floor, APIIC Building, Mangalagiri, Guntur District. A.P-522503 ...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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Certiorari, calling for the records relating to the order dated 17.04.2026 passed by the Hon'ble National Company Law Tribunal, Amaravati Bench, in I.A. (IBC) No.146 of 2026 in CP (IB) N0.73/7/AMR/2022, whereby the petitioner's application was dismissed, and the consequential order dated 17.06.2026 passed in I.A. (IBC)(Liq.) No.2 of 2025 in CP (IB) No.73/7/AMR/2022 directing liquidation of the Corporate Debtor and appointing a Liquidator, and be pleased to set aside the order dated 17.04.2026 passed in I.A. (IBC) No.146 of 2026 and the consequential liquidation order dated 17.06.2026 passed in I.A. (IBC)(Liq.) No.2 of 2025, as being illegal, arbitrary, contrary to the provisions of the Insolvency and Bankruptcy Code, 2016, violative of the principles of natural justice and prejudicial to the interests of the Corporate Debtor and its stakeholders, and consequently allow I.A. (IBC) No. 146 of 2026 by directing inclusion and consideration of the subject land/property and the issues raised therein, and 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 suspend the operation of the order dated 17.04.2026 passed by the Hon'ble National Company Law Tribunal, Amaravati Bench, in I.A. (IBC) No.146 of 2026 in CP (IB) No.73/7/AMR/2022 and direct the respondents not to proceed further in a manner prejudicial to the petitioner's claim in respect of the subject land/property, and pass IA NO: 2 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 suspend the operation of the consequential liquidation order dated 17.06.2026 passed in I.A. (IBC)(Liq.) No.2 of 2025 in CP (IB) N0.73/7/AMR/2022 and consequently stay all further liquidation proceedings and actions of the Liquidator, including sale, transfer, alienation, auction or creation of third-party interests in any asset of the Corporate Debtor, and pass IA NO: 3 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 dispense with the filing of the certified copy of the operation of the order dated 17.04.2026 passed by the Hon'ble National Company Law Tribunal, Amaravati Bench, in I.A. (IBC) No.146 of 2026 in CP (IB) N0.73/7/AMR/2022 and direct the respondents not to proceed further in a manner prejudicial to the petitioner's claim in respect of the subject land/property, and pass IA NO: 4 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 dispense with the filing of the certified copy of the operation of the consequential liquidation order dated 17.06.2026 passed in I.A. (IBC)(Liq.) No.2 of 2025 in CP (IB) No.73/7/AMR/2022 and consequently stay all further liquidation proceedings and actions of the Liquidator, including sale, transfer, alienation, auction or creation of third-party interests in any asset of the Corporate Debtor, and pass IA NO: 5 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 permit me to be impleaded as Party/ Proposed Respondent Nos. 4 in W.P. No. 16869 of 2026 and also in pending Interlocutory Applications therein, in the interest of justice and pass Counsel for the Petitioner: PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondents: V DYUMANI WRIT PETITION NO: 23595 OF 2026 Between: 1. SRI ALAPATI GOPAL KRISHNA, S/o Late Nageswara Rao Aged about 52 years, Suspended Director, R/o D No 2164 Near Ramalayam Stambalagaruvu Guntur Town Guntur District 522006, Suspended Director of Ravichandra Text Tiles. ...Petitioner AND 1. UNION BANK OF INDIA, Rep by its General Manager, Asset Recovery Branch, Door No.26-15-150, Andhra Bank Building Chengalraopeta, Vishakhapatnam, A.P-530 001. 2. Venkata Narsinga Rao Kalvokata, In the capacity of Interim Resolution Professional Reg.No. IBBI/IPA-001/IP/P-01361/2018-19/12130) R/o. Flat No. 103, Balaji VishwamVihar Apartment Madura Nagar, Ramanthapur, Hyderabad, Telangana State-500 013. 3. Sri Srinivasa Gudia Rao, Liquidator in the matter of M/s Sri Ravichandra Textiles Private Limited Regn. No. IBBI/IPA/001/IP-P02093/2020- 2021/13333, AFA No. AA1/13333/02/300627/109128, Flat No.201, BR's Princeton Apartments, CBM Compound, VIP Road, Visakhapatnam, Aridhra Pradesh-530 003. 4. Kondapaneni Mallikarjuna Rao, S/o Subbaramaiah Aged 42 years Occ Chartered Accountant R/o p.No 12 Gargupalli Village Malemarpuram Post Chitvel YSR Kadapa District Andhra Pradesh 516 104. 5. National Company Law Tribunal NCLT, Amaravati, 2nd Floor, APIIC Building, Mangalagiri, Guntur District. A.P-522 503. 6. Debt Recovery Tribunal, Visakhapatnam Ground AND 1st Floor, 31-31-21, Sal Baba Street, Narayan Bhawan, Daba gardens, Visakhapatnam-530020. 7. The State of Andhra Pradesh, Rep. by its , Principal Secretary Revenue Department, Secretariat Velagapudi, Amaravati, A.P. 522 503 8. The District Collector, Guntur District, A.P-522 004. 9. The Tahsildar, Tadikonda Mandal, Guntur District, A.P.-522 236 10. The Mandal Surveyor, Tadikonda Mandal, Guntur District, A.P.-522 236 ...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 toissue an appropriate Writ, Order or Direction, more particularly one in the nature of a WRIT OF MANDAMUS, a) Declaring the action of the Respondents in issuing the e-auction sale notice dated 06.08.2026 by the 3rd Respondent/Liquidator, proposing to conduct the e-auction on 27.08.2026, in respect of the extent of Ac. 10.03 cents, including the structure therein vide Building No. considering that there will not be any access to the subject property, as the pathway shown in Ac. 08.37 cents was also sold away, including the same in the sale certificate, though the same was excluded in the auction notice, and without considering that if the proposed e-auction is conducted without providing any access to the subject land, the same without would facilitate only the 4th Respondent to acquire the subject land at a lower price, thereby causing serious injustice and substantial loss to the Petitioner. b) consequently, direct the 3rd Respondent/Liquidator to undertake a proper survey and demarcation of the subject properties through Respondent Nos.9 and 10, and to ascertain the correct extent, boundaries and access thereto, particularly in view of the Petitioner's specific request for survey and the alleged collusion between Respondent Nos.1 and 3 in favour of the 4th Respondent, resulting in failure to correctly determine the extent, boundaries and access to the subject property, and further in view of the discrepancy in the Memorandum of Sale, wherein the extent is shown as Ac.10.30 cents and Ac. 10.735 cents, and the fact that the extent of Ac. 10.03 cents has become landlocked consequent upon the Sale Certificate issued by the 1st Respondent in favour of the 4th Respondent in respect of Ac.8.37 cents c) direct the 3rd Respondent/Liquidator, after such determination, to conduct the liquidation sale only through a lawful, transparent and genuinely competitive process, ensuring equal access and opportunity to all prospective bidders, particularly in view of the fact that the present closure of access places the 4th Respondent in a uniquely advantageous position and may practically restrict genuine competitive participation in respect of the Ac. 10.03 cents d) direct the 3rd Respondent/Liquidator to consider the Ac.8.37 cents and Ac.10.03 cents together, or in such legally permissible manner as would ensure proper access, genuine price discovery and maximum realization of the value of the liquidation estate, for the benefit of the Corporate Debtor, its creditors and other stakeholders e) Direct the 3rd Respondent/Liquidator to verify and reconcile the liquidation accounts and to restrict the amount shown as due against M/s Ravichandra Textiles to the actual and legally recoverable amount of Rs.39,45,14,905.00, instead of the inflated amount of Rs.66,45,23,387.00 presently reflected by the 3rd Respondent/Liquidator, and consequently direct the 3rd Respondent/Liquidator to rectify the liquidation accounts and maintain the same strictly in accordance with the actual and legally recoverable dues and the applicable provisions of law 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 stay all further proceedings pursuant to the e-auction Sale Notice dated 06.08.2026, including the proposed e-auction scheduled to be conducted on 27.08.2026, as the same is illegal, arbitrary, contrary to the provisions of the Insolvency and Bankruptcy Code, 2016 and the regulations framed there under, violative of the principles of natural justice and liable to cause grave and irreparable prejudice to the interests of the Corporate Debtor, its creditors and other stakeholders IA NO: 2 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 direct the 3rd Respondent/Liquidator apply for proper survey and demarcation of the properties through Respondent Nos.9 and 10 ascertain the correct extent, boundaries and access, particularly in view of the discrepancy in the Memorandum of Sale showing the extent as Ac.10.30 cents and Ac.10.735 cents, and the fact that the Ac. 10.03 cents has become landlocked consequent upon the Sale Certificate issued by the 1st Respondent in favour of the 4th Respondent in respect of Ac.8.37 cents IA NO: 3 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 Direct the 3rd Respondent/Liquidator to verify and reconcile the liquidation accounts and to restrict the amount shown as due against M/s Ravichandra Textiles to the actual and legally recoverable amount of Rs.39,45,14,905.00, instead of the inflated amount of Rs.66,45,23,387.00 presently reflected by the 3rd Respondent/Liquidator, and consequently direct the 3rd Respondent/Liquidator to rectify the liquidation accounts and maintain the same strictly in accordance with the actual and legally recoverable dues and the applicable provisions of la Counsel for the Petitioner: PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NOs: 16869 and 23595 OF 2026 COMMON ORDER: (Per Hon’ble Sri Justice Battu Devanand) Heard Mr Ganta Rama Rao, learned Senior Counsel appearing on behalf of Mr P.Mallikarjuna Rao, learned counsel for the petitioner(s) on record and Smt V.Dyumani, learned Standing Counsel appearing for the respondent-bank and Mr D.Omkar, learned counsel appearing for Respondent No.2 and proposed Respondent No.4 in W.P.No.16869 of 2026 and Respondent Nos.2 & 3 in W.P.No.23595 of 2026. Perused the material available on record. 2. After having heard the submissions of both the learned counsels to some extent, finally Mr Ganta Ramarao, learned Senior Counsel appearing for the petitioner(s) put a suggestion that if both these Writ Petitions are disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of S.A.No.243 of 2024, as expeditiously as possible, the main dispute between the parties will be considered permanently and the secured assets can be put to an auction by the liquidator simultaneously which would not cause any prejudice to any party. 3. Learned counsel appearing for the respondents also submits that the S.A.243 of 2024 can be disposed of inorderto resolve the entire issue involve in these writ petitions. 4. As per Section 17(5) of the S.A.R.F.A.E.S.I Act, the Debt Recovery Tribunal shall dealt with an application filed under Section 17(1) of the S.A.R.F.A.E.S.I Act as expeditiously as possible and shall dispose of the same within a period of sixty (60) days from the date of the said application. The Debts Recovery Tribunal may extend the said period by recording the reasons in writing from time to time. But, however, the total period of pendency of application before the Debts Recovery Tribunal shall not exceed four (4) months from the date of making the said application. 5. Admittedly, in the present case, S.A.No.243 of 2024 was pending before the Debts Recovery Tribunal, Visakhapatnam for the last two (2) years and the time stipulated under Section 17(5) of the S.A.R.F.A.E.S.I Act already expired. 6. In view of the same, in our considered view, it is appropriate and desirable to dispose of this Writ Petition at the stage of admission without going into the merits of the case with certain direction to the Debts Recovery Tribunal to meet the ends of justice. 7. Accordingly, this Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of S.A.No.243 of 2024 pending on its file by following due process of law within a period of four (4) weeks from today. Till disposal of the S.A.No.243 of 2024 status-quo shall be maintained with respect to the subject properties. 8. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE TUHIN KUMAR GEDELA Dated: 24.08.2026 TM THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO. 11927 OF 2026 Dated: 24.08.2026 TM