Andhra Pradesh High Court
WP/12455/2026 of SRIPATHI RUPAVATHI Vs THSE AUTHORIZED OFFICER on 30 April 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A . HARI HARANADHA SARMA WRIT PETITION NO: 12455/2026 Between: 1. SRIPATHI
APHC010238712026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE FIRST DAY OF MAY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT PETITION NO: 12455/2026
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1. SRIPATHI RUPAVATHI, W/O. LATE SRIPATHI JAYA SHANKAR, AGED ABOUT MAJOR, RESIDENT OF D. NO.25-3-452, NETHAJI NAGAR, 5TH STREET, OPP ESI HOSPITAL PODALAKUR ROAD, NELLORE-524004
...PETITIONER AND
1. THSE AUTHORIZED OFFICER, SHRIM FINANCE LTD, NELLORE-LL BRANCH, PLOT NO.5, 3RD FLOOR, RITHWIK ENCLAVE, A.K.NAGAR, NELLORE-524004
2. M/S SHRIM FINANCE LTD, REGD OFFICE SRI TOWERS, PLOT NO.14A, SOUTH PHASE, INDUSTRIAL ESTATE, GUINDY, CHENNAI-600032
3. SMT PRL PRATHYUSHA, S/O.NOT KNOWN TO THE PETITIONER, AGED MAJOR. ADVOCATE COMMISSIONER C/O CHIEF JUDICIAL MAGISTRATE CUM PRINCIPAL SENIOR CIVIL JUDGE CUM PRINCIPAL ASSISTANT SESSIONS JUDGE AT NELLORE, -524004
4. THE DEBT RECOVERY TRIBUNAL, REP. BY ITS REGISTRAR, D.NO.31-32- 54, CHITRALAYA ROAD NEAR LEELAMAHAL ROAD, DABA GARDENS, JAGADAMBA JUNCTION, VISAKHAPATNAM, ANDHRA PRADESH -530
020. ...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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in initiating the proceedings under the SARFAESI Act, 2002 including 3rd Respondent Advocate/Commissioner in issuing the Notice dated 10.04.2026 for execution of warrant of commission issued in Crl.M.P.No.34/2026 on the file of the Honble Chief Judicial Magistrate cum Principal Senior Civil Judge cum Principal Assistant Sessions Judge at Nellore for dispossession of petitioner property bearing D.No.25-1-1596, First Floor on Plot No.194/A2, Netaji Nagar, Nellure pending SA No.253 of 2026 on the file of Debts Recovery Tribunal at Visakhapatnam as illegal, bad in law, arbitrary, against principles of natural justice and opposed to public policy and violative of articles of Constitution of India, 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 may be pleased to stay of all further proceedings pursuant to the Notice dated 10.04.2026 issued by the 3rd Respondent herein for execution of warrant of commission issued in Crl.M.P.No.34/2026 on the file of the Hon’ble Chief Judicial Magistrate cum Principal Senior Civil Judge cum Principal Assistant Sessions Judge at Nellore and pass Counsel for the Petitioner:
1. K B RAMANNA DORA Counsel for the Respondent(S):
1. The Court made the following:
THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT PETITION No.12455 of 2026
ORDER:(Per Hon’ble Sri Justice A. Hari Haranadha Sarma)
Heard Sri K.B.Ramanna Dora, learned counsel for petitioner and Sri O.Udaya Kumar, learned counsel for respondent Nos.1 and 2.
2. The petitioner states that she has already approached the Debts Recovery Tribunal, Visakhapatnam by way of filing a Securitization Application vide S.A.No.253 of 2026 on 15.04.2026, against the action initiated by respondent - Bank. It is stated that the S.A. was accompanied by an application for interim relief, which has not been considered by the D.R.T. and the matter was posted to 04.05.2026.
3. In the meantime, it is stated that steps are being taken for dispossession of the petitioner, which would make the proceedings before the D.R.T. infructuous.
4. Be that as it may, considering the fact that the petitioner is already before the D.R.T., we dispose of the present writ petition with a direction to the Debts Recovery Tribunal, Visakhapatnam, to decide the interim application arising out of S.A.No.253 of 2026 within a period of six (6) weeks from today. Till such time as appropriate orders are passed, the further proceedings against the secured asset shall remain stayed. No order as to costs.
Consequently, miscellaneous applications, pending if any, shall stand closed.
__________________________ JUSTICE BATTU DEVANAND
__________________________________ JUSTICE A. HARI HARANADHA SARMA
Date: 01.05.2026 sj
THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT PETITION No.12455 of 2026
Date: 01.05.2026 sj