WP/11896/2026 of Mr. Birra Prabhakar Rao Vs Debts Recovery Tribunal, on 27 April 2026

1. MR. BIRRA PRABHAKAR RAO, S/O. ADI NARAYANA RAO, AGED ABOUT 55 YEARS, RESIDING AT G BLOCK - 204, JEEVAN VISAKHA APARTMENTS MMTC COLONY, HB COLONY, SEETHAMMADHARA, VISAKHAPATNAM - 530 022 ...PETITIONER AND

1. DEBTS RECOVERY TRIBUNAL, REP. BY ITS THE PRESIDING OFFICER, VISAKHAPATNAM-530020

2. THE AUTHORISED OFFICER, UNION BANK OF INDIA, ASSET RECOVERY BRANCH (ARB), 4TH FLOOR, ANDHRA BANK BUILDING, RR APPARAO STREET, VIJAYAWADA - 520 001 ...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, seeking a direction to the 1st respondent to take up the I.A. No. of 2026 in S.A.No. 263 of 2026 and to pass orders on merits as expeditiously as possible and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. 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 grant stay of all further proceedings pursuant to the E-Auction Sale Notice dated 23- 03-2026 issued by the 2nd respondent, pending disposal of the main Writ Petition, Counsel for the Petitioner:

1. CHAITANYA PALISETTY Counsel for the Respondent(S):

1. The Court made the following:

THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

W.P. No.11896 of 2026 O R D E R: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

Present Writ Petition is filed with a prayer to issue an appropriate Writ or Direction particularly in the nature of writ of Mandamus, seeking a direction to the 1st respondent to take up I.A.No.1889 of 2026, filed by the writ petitioner in S.A.No.263/2026 on the file of the 1st respondent and dispose of the same in accordance with law.

2. The contention of the Writ Petitioner is that the petitioner is a third-party guarantor for the loan availed by the principal borrower M/s.SVG Infra, a proprietorship firm, the sale Notice dated 23.03.2026 was issued at the behest of the 2nd respondent, proposing to conduct the sale of the property of the writ petitioner, on 30.04.2026, the sale notice is questioned on different grounds including low valuation of the property, disputing the procedure adopted in attachment of the property by the authorised officer etc.

3. The 2nd respondent filed caveat before the 1st respondent and a notice was served on the caveator. When the e-auction is scheduled on 30.04.2026, the application in I.A.No.1889/2026, filed to stay of the proceeding with the sale, disputing the sale notice etc,, is also posted to

30.04.2026. Further, the learned counsel for the petitioner submits that the decision on the application filed for stay shall precede the conducting of sale, whereas the learned Tribunal -1st respondent, is not correct in posting the application filed on the date of sale/ auction. Hence, he is constrained to file the present Writ Petition.

4. It is clear and simple that the petitioner is aggrieved by the non- disposal of the application filed for stay and aggrieved by the posting of stay application on the date of sale.

5. Upon considering the material papers enclosed and the contention of the petitioner, including the copy of e-mail sale notice and the day fixed for conducting the sale as well as posting the proceedings before the 1st respondent we are satisfied that the petitioner is entitled for the relief directing the 1st respondent to dispose of the application filed by the petitioner, within a period of two (02) weeks, from the date of receipt of a copy of this Order, till then there shall be stay of all further proceedings pursuant to the e-auction notice dated 23.03.2026.

6. Accordingly, the Writ Petition is disposed of in the presence of both counsel for the parties, and learned Standing Counsel for the 2nd respondent, directing that -

1) the 1st respondent shall dispose of the application filed by the petitioner within a period of (2) weeks,

2) Till then there shall be stay of all further proceedings pursuant to the noticed dated 23.03.2026, subject to further orders if any passed by the 1st respondent.

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

__________________________ JUSTICE BATTU DEVANAND

__________________________________ JUSTICE A.HARI HARANADHA SARMA Dated 28.04.2026 Pnr

THE HON’BLE SRI JUSTICE BATTU DEVANAND and THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

W.P. No.11896 of 2026

Dt.28.04.2026

Pnr