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High Court of Andhra Pradesh · body

2026 DAILYLAW 9704 (AP)

Mrs. Ch. Indu Aparna, v. Punjab National Bank,

WP/22463/2026 · 2026-09-06

Battu Devanand, Tuhin Kumar Gedela

body2026

Judgment text

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1 APHC010412062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 22463 OF 2026 Between: 1. Mrs. Ch. Indu Aparna,, W/o. K. Sriharsha Shashank, Aged about 34 years, Occ Professional, R/o. 5-170,, Rayalam Thota, Rayalam, Near Maha Lakshmi Temple, Bhimavaram, West Godavari Dstrict, Andhra Pradesh- 534 208. ...Petitioner AND 1. Punjab National Bank, Rep. By its Branch Manager Having its Office at D.No. 22/11/9, Sri Subhadra Complex, Tata Varthy Vari Street, Bhimavaram, West Godavari District, A.P.-534 201. 2. The Circle head, Punjab National Bank, Circle Office Vishakapatnam, Ground Floor, LIC Building, Jeevan Prakash Road, Dwaraka Nagar, Vishakapatnam, A.P.- 530 002. 3. Venkata Saikiran Rayavarapu, S/o. Late Rayavarapu Sivarama Krishna, Aged about 34 years, R/o. 7-56/3, Sri Lalitha Nilayam Kowada Puntha Road, Kowda Annavaram, West Godavari District- 534 202 4. Rayavarapu Rama Devi, W/o. Late Rayavarapu Sivarama Krishna Aged Major, R/o. 7-56/3, Sri Lalitha Nilayam, Kowada Puntha Road, Kowda Annavaram, West Godavari District- 534 202. 2 5. Y Latha Devi, D/o. Late Rayavarapu Sivarama Krishna Aged Major, R/o. 7- 56/3, Sri Lalitha Nilayam, Kowada Puntha Road, Kowda Annavaram, West Godavari District- 534 202. (Respondents 3 to 5 are formal parties) ...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 or direction, more particularly, a writ of Mandamus, i.directing the 1st and 2nd respondent Bank to release and refund to the petitioner the Court-directed Deposit, being a sum of Rs. 10,83,300/- (Rupees Ten Lakhs Eighty-Three Thousand and Three Hundred only) deposited by her on 23.02.2024, together with the interest, if any, accrued thereon lying with the 1st Respondent bank account bearing Account No. 1351103171104 , the said deposit having been made by the petitioner pursuant to the interim order dated 29.01.2024 passed in W.P.No.807 of 2024 and the purpose for which it was made having ceased upon the dismissal of S.A.No.587 of 2023 by the Debts Recovery Tribunal, Visakhapatnam, and the completion of the recovery proceedings by conducting auction of the subject property by the 1st respondent Bank under the provisions of the SARFAESI Act, and consequently direct the 1st and 2nd Respondent Bank to release the said amount by crediting the same to the Petitioners Savings Bank Account No. 13512011017617 maintained with the Bhimavaram branch of the 1st Respondent Bank, within such time as may be stipulated by this Hon'ble Court, 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 direct the 1st & 2nd Respondent to keep the amount of Rs. 10,83,300/- deposited by the petitioner pursuant to the interim order dated 29.01.2024 in W.P.No.807 of 2024 intact without appropriating, adjusting or otherwise 3 dealing with the said amount deposited in the suspense account bearing Account No. 1351103171104 as provided by the 1st Respondent in his email dated 07.02.2024 and 19.02.2024, pending disposal of the Writ Petition, Counsel for the Petitioner: RAGHAVA YATHIRAJU Counsel for the Respondents: HANUMANTHA RAO BACHINA The Court made the following order: 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 22463 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) This Writ Petition is filed seeking Writ of Mandamus, directing the respondent Nos.1 & 2 to release and refund to the petitioner a sum of Rs.10,83,300/- deposited by her as per the Court directions, along with interest, if any accrued thereon lying with the respondent No.1-bank bearing account No.1351103171104, which was deposited pursuant to the interim order, dated 29.01.2024 passed in W.P.No.807 of 2024 and for the purpose for which it was made having ceased upon the dismissal of S.A.No.587 of 2023 by the Debts Recovery Tribunal, Visakhapatnam. 2. Admittedly, the Writ Petition No.807 of 2024 was disposed of, by order, dated 26.02.2024 by this Court. The S.A.No.587 of 2023 also dismissed, by the Debts Recovery Tribunal, Visakhapatnam on 08.01.2026. 3. During the course of hearing, learned counsel for the respondent-Bank, basing on the written instructions, dated 27.08.2026 received from the respondent – bank, would submit that the amount deposited with the bank by the petitioner, pursuant to the interim order passed by this Court on 29.01.2024 in W.P.No.807 of 2024. The said amount is kept in ‘Suspense Account’. Learned counsel further submits that now, the bank is ready to 5 refund the amount of Rs.10,83,300/- to the petitioner by crediting the same into the Savings Account of the petitioner, which was maintained at Bhimavaram Branch. 4. Learned counsel for the petitioner also submits that this Writ Petition can be disposed of, by recording the submissions of the learned counsel for the respondent – bank. 5. Having considered the facts and circumstances of the case, in view of the readiness expressed by the respondent – bank, to credit the amount deposited by the petitioner with the respondent – bank, pursuant to the interim orders of this Court in W.P.No.807 of 2024, dated 29.01.2024, to the Savings Bank account of the petitioner maintained at Bhimavaram Branch, it is appropriate to dispose of this Writ Petition, recording the submissions of the learned counsel for the respondent- bank, with a direction to meet the ends of justice. 6. Accordingly, the Writ Petition is disposed of, directing the respondent – bank to credit an amount of Rs. 10,83,300/- into the Punjab National Bank Savings Bank account bearing No.13512011017617, of the petitioner, maintained at Bhimavaram Branch forthwith. 6 7. 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: 07.09.2026 PKR 7 THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA 110 WRIT PETITION NO: 22463 OF 2026 Dated: 07.09.2026 PKR