1 APHC010451582026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 2nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 24743 OF 2026 Between: 1. PATTAPARLA SESHI KIRAN GOUD, S/o. P.Krishnaiah Goud, Aged about 54 years, Male, Business, R/o. Villa No.128, Plot No.1281, Richmand Villas, Sucity Road, Hyderguda Village, Hyderabad, Telangana - 500048. 2. Pattapria Kavitha S K Goud,, W/o. P.Seshi Kiran Goud, Aged about 50 years. Female, R/o. H.No.304-3,Blick Silicon Ridge Apartments Hyderguda, Attapur, Rajendra Nagar, Telangana- 500048. ...Petitioners AND 1. UNION BANK OF INDIA, Rep. by its authorized Officer, Nandyal Road Branch, Kurnool Kurnool Districts 518468 2. Growth X, Rep. by its Managing Partner, Singareddy Vedhvyas, S/o. S.Subbareddy, 1/2348, Sujatha Nilayam, APHB Colony, YM Palle Kadapa, Andhra Pradesh-516004. ...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 to issue a writ, order or a direction, more particularly one in the nature of Writ of Certiorari, call for the records relating to the order dated 2 05.08.2026 in S.A.No.177 of 2024 the file of the Debt Recovery Tribunal-ll (DRT) at Hyderabad, as it is against the principles of natural justice, violation of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act) and Rules framed there under and also offends Articles 14, 21 and 300-A of Constitution of India and consequently quash the order dated 05.08.2026 in S.A.No.177 of 2024 on the file of the Debt Recovery Tribunal-ll (DRT) at Hyderabad and to 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 to direct the 2nd respondent not to create any third party interest, not to alter physical features of the property, not to demolish, not to construct any structures in the subject covered property in S.A.No.177 of 2024 on the file of the Debt Recovery Tribunal-ll (D.R.T) at Hyderabad, pending disposal of the main writ petition and pass Counsel for the Petitioners: MANGENA SREE RAMA RAO Counsel for the Respondents: The Court made the following order: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 24743 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) This Writ Petition is filed against the order, dated 05.08.2026 passed in S.A.No.177 of 2024 by the Debts Recovery Tribunal-II, Hyderabad. 2. 2. Though it is contended by the learned counsel for the petitioners that the order under challenge is passed in violation of principles of natural justice, on perusal of the impugned order it appears that there is no violation of principles of natural justice in passing the said order. 3. Admittedly, as per the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the S.A.R.F.A.E.S.I Act’) there is a statutory remedy of appeal available to the petitioners before the Debts Recovery Appellate Tribunal. However, without exhausting the said alternative remedy of appeal, the petitioners have approached this Court by filing the present Writ Petition under Article 226 of the Constitution of India which is not permissible as held time and again by the Hon’ble Apex Court in matters relating to S.A.R.F.A.E.S.I Act. 4 4. In view of the same, by following the Dicta of the Hon’ble Apex Court, this Writ Petition is dismissed. 5. 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 Date: 02.09.2026 TM 5 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 24743 OF 2026 Date: 02.09.2026 TM 6