Andhra Pradesh High Court
WP/8870/2026 of KURUCHETI OMKAR Vs INCRED FINANCIAL SERVICES LTD on 5 April 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 8870 of 2026 Bench Sr.No:-7 [3575] Kurucheti Omkar ...Petitioner Vs. INCRED Financial Services Ltd., ...Respondent ********** CORAM : HON’BLE MRS JUSTICE LISA GILL HON’BLE MR JUSTICE NINALA JAYASURYA DATE : 06th April 2026
APHC010177162026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
WRIT PETITION NO: 8870 of 2026
Bench Sr.No:-7
Kurucheti Omkar
...Petitioner
Vs.
INCRED Financial Services Ltd.,
...Respondent
**********
CORAM : HON’BLE MRS JUSTICE LISA GILL
HON’BLE MR JUSTICE NINALA JAYASURYA
DATE : 06th April 2026
Present:
Mr. C. Subodh, Advocate for Petitioner.
***
LISA GILL, J.
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1. This Writ Petition has been filed, challenging proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “SARFAESI Act”) initiated by Respondent / Financial Company against petitioner.
2. It is stated that petitioner purchased plot in question, which was initially allotted to one Sk. Safura, W/o. Rafi vide Patta dated 01.02.2000, wherein, there is a specific clause that plot cannot be alienated. Present petitioner is the fourth purchaser from said Sk. Safura. Loan facility was availed of by petitioner by keeping the said property as collateral. Proceedings under SARFAESI Act was initiated and demand notice dated 20.12.2023 issued under Section 13(2) SARFAESI Act, after declaration of account as Non
Performing Asset (NPA). It is further stated that physical possession has also been taken on 08.12.2025.
3. Various grounds have been raised in present Writ Petition, challenging said proceedings but there is no reason forthcoming as to why petitioner did not approach appropriate forum at any earlier stage and as to whether any objections had ever been filed by petitioner after issuance of notice under Section 13(2) of SARFAESI Act. After arguing for sometime, learned counsel for petitioner seeks to withdraw this writ petition with liberty to avail alternate remedy(ies) as available.
4. In view of above, this writ petition is thus dismissed as withdrawn with liberty to petitioner to avail remedy(ies) as may be available to him in accordance with law, while raising all available pleas. There is no expression of opinion on merits of the matter.
5. Pending miscellaneous application(s), are disposed of, accordingly.
(LISA GILL) JUDGE
(NINALA JAYASURYA) JUDGE
Date: 06.04.2026 MS
HON’BLE MRS JUSTICE LISA GILL
HON’BLE MR JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 8870 of 2026
Date: 06.04.2026 MS