WP/24739/2026 of MAMIDI AMMAJI Vs CANARA BANK on 31 August 2026

APHC010455452026

IN THE

TUESDAY, T

THE HONOURA

THE HONOURABL

WRIT P

Between:

1. MAMIDI AMMAJI, W/o

Housewife d.no .18-4/G1

District.

2. Smt.Mamidi Saraswath

Housewife D.No.18-4/G1

District.

3. Ms.South Central Shop

Venkateswara Rao S/o.M

4/G1,G2/GF Main Road, P

4. Mamidi Raja Varahalu,

4/G1,G2/GF Main Road, P

1. CANARA BANK, Asset R

Authorised Officer D.No.2

Suryabagh, Visakhapatnam

HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THE 1st DAY OF SEPTEMBER 2026

PRESENT

BLE SRI JUSTICE BATTU DEVANAND

LE SRI JUSTICE TUHIN KUMAR GEDE

PETITION NO: 24739 OF 2026

o.Venkateswara Rao Aged . 50 ye

1,G2/GF, Main Road Payakaraopet,

i, W/o.Raja Varahalu Aged . 45 ye

,G2/GF, Main Road Payakaraopet,

pping Mall, Rep. by Managing Partne

M.Venkata Ramana Aged . 55 years

ayakaraopet, Visakhapatnam District.

S/o.Venkata Ramana Aged . 50 year

ayakaraopet, Visakhapatnam District.

...P

AND

Recovery Management Branch Represe

28-14-1, 1st Floor, Opp Melody Cinem

m 530 020.

H

D

ELA

ears Occ .

Anakapalli

ears Occ .

Anakapalli

er Mamidi

s D.No.18-

rs D.No.18-

Petitioners

ented by its

ma 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

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

Dated: 01.9.2026

TJN/SZT

HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

WRIT PETITION NO: 24739 OF 2026

PROCEEDING SHEET

SL.

NO.

DATE