Andhra Pradesh High Court
WP/12201/2026 of ELAPARTHY JAYA PRADHA Vs THE GANDHI COOPERATIVE URBAN BANK LTD 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: 12201/2026 Between: 1. ELAPARTHY JAYA
APHC010005982026
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: 12201/2026
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1. ELAPARTHY JAYA PRADHA, W/O LATE JAYAKANTHARAO, AGED ABOUT 57 YEARS, R/O DOOR NO.1-53, VEERAVALLI VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT.
2. ELAPARTHY RAJESH KUMAR,, S/O LATE JAYAKANTHARAO, , R/O DOOR NO. 1-53, VEERAVALLI VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT.
...PETITIONER(S) AND
1. THE GANDHI COOPERATIVE URBAN BANK LTD, , NO. H.948, REP. BY ITS AUTHORIZED OFFICER, MUSEUM ROAD, GOVERNORPETA, VIJAYAWADA.520002
2. THE ADVOCATE COMMISSIONER, R.RAMANA RAO. C/0 GANDHI CO- OPERATIVE URBAN BANK ,NO. H.948, MUSEUM ROAD, GOVERNORPETA, VIJAYAWADA.520002
...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Bank in initiating and proceeding with coercive measures under the provisions of the SARFAESI Act, including taking physical possession of the residential house property admeasuring 251 Sq. Yards situated in Survey No.153/7 of Veeravalli Village, Bapulapadu Mandal, as illegal, arbitrary, unconstitutional and violative of Section 13(3A) of the SARFAESI Act and Article 21 of the Constitution of India, and consequently direct the Respondents to restore and hand over physical possession of the said property 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 Direct the Respondents to forthwith restore physical possession of the residential house property admeasuring 251 Sq. Yards situated in Survey No.153/7 of Veeravalli Village, Bapulapadu Mandal to the Petitioners and restrain the Respondents from alienating or creating any third-party interest over the said property, pending disposal of the Writ Petition, and pass IA NO: 2 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 condone the delay of 93 days in the re presentation of W.P. (SR) No. 513 of 2026, and pass Counsel for the Petitioner(S):
1. CHENNAPPAGARI SANKARA 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.12201 of 2026 ORDER:(Per Hon’ble Sri Justice A. Hari Haranadha Sarma)
Learned counsel for the petitioners sought permission of this Court to withdraw the Writ Petition, with a liberty to the petitioners to pursue their remedies before the appropriate forum.
2. Considering the request, permission is granted.
3. Accordingly, this Writ Petition is dismissed as withdrawn. There shall be no order as to costs.
As a sequel, miscellaneous petitions 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.12201 of 2026
Date: 01.05.2026 sj