Andhra Pradesh High Court
WP/5773/2026 of DIVYA MODERN RICE MILL Vs THE RESERVE BANK OF INDIA on 1 March 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5773/2026
APHC010107172026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY,THE SECOND DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION NO: 5773/2026
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1. DIVYA MODERN RICE MILL, REP. BY ITS REGISTERED PROPRIETOR G. HARINDRA KUMAR, S/O. ASIRINAIDU AGED ABOUT 41 YEARS, R/O. 1-86, MAIN STREET MAJJILIPETA, SRIKAKULAM, ANDHRA PRADESH
...PETITIONER AND
1. THE RESERVE BANK OF INDIA, CENTRAL OFFICE BUILDING SHAHID BHAGAT SINGH ROAD MUMBAI400 001 REPRESENTED BY ITS ADJUDICATING AUTHORITY 2.
2. THE UNION BANK OF INDIA, RE. BY ITS CHIEF MANAGER. REGIONAL OFFICE, VENKATAPURAM JUNCTION, NEW BRIDGE ROAD, NEAR SIMHADWARAM, SRIKAKULAM, AP-532005 3.
3. THE THE UNION BANK OF INDIA, REP. BY ITS BRANCH MANAGER BALAGA BRANCH PALAKONDA ROAD, BALAGA, SRIKAKULAM
...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 a Writ of Mandamus, declaring the actions of the respondent no.2 and 3 in issuing the e-auction sale notice dated 22-01-2026, and publishing the same on 25-01-2026 i.e within thirty days from the date of issuance of the e-auction sale notice, as against the mandatory thirty-day period as laid down by the Honble High Court of Telangana in Sri Sai Annadatha Polymers v. Canara Bank 2018 see Online Hyd 178 without considering my representations , as illegal, arbitrary, unconstitutional and in violation of principles of natural justice. Article 14, 19(1)(g), 21 of Indian Constitution and contrary to the provisions of the SARFAESi Act, 2002 and the Security Interest (Enforcement) Rules, 2002, and consequently to set aside the said e auction sale notice dated. 22-01-2026 and to 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 stay of all further proceedings pursuant to e-auction sale notice dated.22- 01-2026 pending disposal of the present writ petition and pass Counsel for the Petitioner:
1. PILLIX LAW FIRM Counsel for the Respondent(S):
1. The Court made the following: ORDER:- (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)
Learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal, Visakhapatnam, for redressal of their grievance.
Permission is accorded.
Therefore, the Writ Petition is dismissed as withdrawn granting liberty as prayed for. There shall be no order as to costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY
_____________________________ JUSTICE TUHIN KUMAR GEDELA
Date: 02.03.2026 ARR
THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
AND
THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION NO: 5773/2026 Date: 02.03.2026
ARR