Extracted from the PDF above. The PDF is authoritative.
APHC010455452026
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE 1 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 24739 OF 2026 Between:
1. MAMIDI AMMAJI, W/o.Venkateswara Rao Aged . 50 years Occ . Housewife d.no .18-4/G1,G2/GF, Main Road Payakaraopet, Anakapalli District. 2. Smt.Mamidi Saraswathi, W/o.Raja Varahalu Aged . 45 years Occ . Housewife D.No.18-4/G1,G2/GF, Main Road Payakaraopet, Anakapalli District. 3. Ms.South Central Shopping Mall, Rep. by Managing Partner Mamidi Venkateswara Rao S/o.M.Venkata Ramana Aged . 55 years D.No.18 4/G1,G2/GF Main Road, Payakaraopet, Visakhapatnam District. 4. Mamidi Raja Varahalu, S/o.Venkata Ramana Aged . 50 years D.No.18 4/G1,G2/GF Main Road, Payakaraopet, Visakhapatnam District. 1. CANARA BANK, Asset Recovery Management Branch Represented by its Authorised Officer D.No.28 Suryabagh, Visakhapatnam 530 020. 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 PETITION NO: 24739 OF 2026
1. MAMIDI AMMAJI, W/o.Venkateswara Rao Aged . 50 years Occ . 4/G1,G2/GF, Main Road Payakaraopet, Anakapalli
2. Smt.Mamidi Saraswathi, W/o.Raja Varahalu Aged . 45 years Occ . 4/G1,G2/GF, Main Road Payakaraopet, Anakapalli
3. Ms.South Central Shopping Mall, Rep. by Managing Partner Mamidi Venkateswara Rao S/o.M.Venkata Ramana Aged . 55 years D.No.18 4/G1,G2/GF Main Road, Payakaraopet, Visakhapatnam District. 4. Mamidi Raja Varahalu, S/o.Venkata Ramana Aged . 50 years D.No.18 4/G1,G2/GF Main Road, Payakaraopet, Visakhapatnam District. ...Petitioners AND
1. CANARA BANK, Asset Recovery Management Branch Represented by its Authorised Officer D.No.28-14-1, 1st Floor, Opp Melody Cinema Theatre Suryabagh, Visakhapatnam 530 020. IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
1. MAMIDI AMMAJI, W/o.Venkateswara Rao Aged . 50 years Occ . 4/G1,G2/GF, Main Road Payakaraopet, Anakapalli
2. Smt.Mamidi Saraswathi, W/o.Raja Varahalu Aged . 45 years Occ . 4/G1,G2/GF, Main Road Payakaraopet, Anakapalli
3. Ms.South Central Shopping Mall, Rep. by Managing Partner Mamidi Venkateswara Rao S/o.M.Venkata Ramana Aged . 55 years D.No.18-
4. Mamidi Raja Varahalu, S/o.Venkata Ramana Aged . 50 years D.No.18- ...Petitioners
1. CANARA BANK, Asset Recovery Management Branch Represented by its Floor, Opp Melody Cinema Theatre
2. Smt Devatha Jyothi, W/o.Surya Prakash Rao Aged Major Occ Housewife H.No.22-39, Lingalathota Colony Payakaraopet, Anakapalli District, AP.
- 531001 ...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 a Writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the actions of the Respondent Bank herein in sold away property of D.No.9-119/1, (New No.13-84) consisting of ground, first and second floor building on Main Road, Payakaraopet, Anakapalli District at through away price to 2 nd respondent and proceed further pursuant to Sale Notice dated.20.07.2026 under the guise of powers under SARFAESI Act, pending SA No.563/2026 on the file of Debts Recovery Tribunal at Visakhapatnam as illegal, unwarranted, unsustainable, arbitrary, unconstitutional, against Law as well as principles of natural justice and consequently direct the respondents to not to take any coercieve actions under SARFAESI Act pending disposal of SA No.563/2026 on the file Debts Recovery Tribunal at Visakhapatna 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 of all further proceedings pursuant to Sale Notice dated.20.07.2026 in respect of property of D.No.9-119/1, (New No.13-84) consisting of ground, first and second floor building on Main Road, Payakaraopet, Anakapalli District in favour of 2 nd respondent pending disposal of SA No.563/2026 on the file of Hon'ble Debt Recovery Tribunal, Visakhapatnam Counsel for the Petitioners: K B RAMANNA DORA Counsel for the Respondents:
THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 24739 OF 2026
ORDER: (Per Hon’ble Sri Justice Battu Devanand)
Heard learned counsel for the petitioners and perused the record.
2. Petitioners are the borrowers of the 1st respondent-Bank. They availed credit facilities for an amount of Rs.17.32 crores on 25.08.2024. After declaring the accounts of the petitioners as NPA, the 1st respondent-bank initiated proceedings under SARFAESI Act, 2002 by issuing notice dated 13.06.3025 under Section 13(2) of the SARFAESI Act, 2002. The petitioner approached DRT, Visakhapatnam and filed S.A.No.563 of 2026. Along with S.A., the petitioners filed an interlocutory application in I.A. No. 3753 of 2026 seeking stay of proceedings initiated by 1st respondent-Bank.
3. On 27.08.2026 the DRT, Visakhapatnam, ordered notice to the respondents and posted to 15.09.2026.
4.
Learned counsel for the petitioners would submit that the sale proceedings were already completed and sale certificate is issued in favour of respondent No.2.
5. Having considered the facts and circumstances of the case, we are not inclined to interfere in the merits of this case due to reason that already the petitioners approached DRT, Visakhapatnam, by filing S.A.No.563 of 2026
and it is pending and the third party interest also created in view of issuance of the sale certificate to respondent No.2.
6. In these circumstances, we deem it appropriate to dispose of this writ petition with a direction to the DRT, Visakhapatnam, to consider the said application filed by the petitioners in accordance with law to meet the interest of justice.
7. Accordingly, this writ petition is disposed of with a direction to the DRT, Visakhapatnam, to consider I.A.No.3753 of 2026 in S.A.No.563 of 2026 in accordance with law at an early date.
8. Till disposal of the said application, status quo with respect to the subject property shall be maintained.
9. There shall be no order as to costs.
As a sequel, all miscellaneous applications, if any, pending in this Writ Appeal shall stand closed.
____________________ BATTU DEVANAND, J
_______________________ TUHIN KUMAR GEDELA, J
Dated:01.9.2026 TJN/SZT
33
THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION NO: 24739 OF 2026 Dated: 01.9.2026
TJN/SZT
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
WRIT PETITION NO: 24739 OF 2026 PROCEEDING SHEET
SL. NO.
DATE
ORDER
OFFICE NOTE
01.9.2026
DEV, J & GTK, J
The Writ Petition is disposed of. (Vide Separate Order)
_______
DEV, J
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GTK, J TJN/SZT