WP/15382/2026 of KOMERA SIVA SHANKAR Vs UNION OF INDIA on 8 July 2026

1. KOMERA SIVA SHANKAR, S/O RAMULU, AGE 41 YEARS, OCC BUSINESS, R/O D.NO.5-201,

RENTAPALLA VILLAGE, SATTTENAPALLI MANDAL, GUNTUR DISTRICT - 522410.

2. KOMERA RAMULU,, S/O VEERAIAH, AGE 70 YEARS, OCC AGRICULTURE, R/O D.NO.5-201,

RENTAPALLA VILLAGE, SATTTENAPALLI MANDAL, GUNTUR DISTRICT - 522410.

3. GUNJI LAKSHMI NARAYANA,, S/O YEDUKONDALU, AGE 38 YEARS, OCC AGRICULTURE, R/O D.NO.5-162, RENTAPALLA VILLAGE, SATTTENAPALLI MANDAL GUNTUR DISTRICT - 522410.

...PETITIONER(S) AND

1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF FINANCE DEPARTMENT, NEW DELHI. 110 001

2. SHRIRAM FINANCE LIMITED, REP. BY ITS AUTHORIZED OFFICER, ZONAL OFFICE, SHRIRAM ENCLAVE, ANNAPURNA NAGAR, 5TH LANE, RING ROAD, GORANTAL, GUNTUR - 522034.

3. SHRIRAM FINANCE LIMITED, REP. BY ITS AUTHORIZED DIVISIONAL EXECUTIVE AND GPA HOLDER, NARASARAOPET BRANCH, MAIN ROAD NARASARAOPET, PALNADU DISTRICT. 522529

...RESPONDENT(S):

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 a writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2ND respondent in issuing the possession notice dated 11.04.2026 to the petitioners, by invoking the provision under Sec. 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 r/w Rule 8 of the Security Interest (Enforcement) Rules, 2002, wherein it is informed that the petitioners failed to repay the amount against the demand notice issued under Sec. 13(12) of the Securitizationand Reconstructionof Financial Assets and Enforcement of Security Interest Act r/w Rule 3 of the Security Interest (Enforcement) Rules, 2002 and further caution to the general public at large that the Authorized Officer of 2ND respondent company is in the lawful possession of the immovable property mentioned in the said notice and restrained the petitioners not to transfer by way of sale, lease or otherwise deal with/alienate any of the above mentioned secured assets refereed to in this notice, without prior written consent of 2ND respondent and as well as its connected notice vide No.DN/- 13(2) NARP1TF1809240004/ Dec - 2025 dated 17.12.2025 issued by the 2ND respondent is arbitrary, illegal, without jurisdiction and contrary to the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules under the Security Interest (Enforcement) Rules, 2002 and also the Provisions of Civil Procedural Code and violation of Articles 14, 21 AND 300A of the Constitution of India besides gross violation of principles of natural justice and consequently, set aside the impugned notices dated 17.12.2025 and 11.04.2026 issued by the 2ND respondent to the petitioners 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 pass an interim order that to stay of all further proceedings in connection with the impugned notices dated 17.12.2025 and 11.04.2026 issued by the 2ND respondent to the petitioners and to pass Counsel for the Petitioner(S):

1. V V LAKSHMI NARAYANA Counsel for the Respondent(S):

1. O UDAYA KUMAR

THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM

WRIT PETITION NO: 15382 of 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand)

This Writ Petition is filed against the action of the 2nd respondent in issuing the possession notice, dated 11.04.2026 to the petitioners under Section 13(4) of the SARFAESI Act, 2002 read with Rule 8 of the Security Interest (Enforcement) Rules, 2002.

2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents 2 & 3.

3. During the course of hearing, both the learned counsels represent that the matter is settled out of the Court and No Due Certificate is also issued by the 2nd respondent to the petitioners. A copy of the No Due Certificate dated 03.07.2026 is produced before this Court and it is placed on record.

4. In view of the above factual position and in our considered view, no further adjudication is required in the present Writ Petition and accordingly, it is closed as infructuous.

There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

__________________________ JUSTICE BATTU DEVANAND

___________________________ JUSTICE SUNITHA GANDHAM Dated: 09.07.2026 KPV

THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM

WRIT PETITION NO: 15382 of 2026

Dated: 09.07.2026 KPV