Andhra Pradesh High Court
WP/28087/2025 of Upputala Vinay Vs LIC HOUSING FINANCE LTD on 26 January 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 28087/2025 Between:
APHC010544502025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION NO: 28087/2025
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1. UPPUTALA VINAY, S/O. ANANDARAO, AGED ABOUT 21 YEARS, OCC PRIVATE EMPLOYEE R/O.D.NO.6-25, RCM SCHOOL ROAD, IBRAHIMPATNAM, NTR DISTRICT,
ERSTWHILE KRISHNA DISTRICT.
...PETITIONER AND
1. LIC HOUSING FINANCE LTD, D.NO.27-10-1/1, 1ST FLOOR, UMIYA NIVAS, ATTARATHAIAH STREET, GOVERNORPET, VIJAYAWADA- 2, REP. BY ITS AUTHORIZED OFFICER, MR. N.V.V.ANIL KUMAR, S/O. NARAYANA MURTHY, AGED ABOUT 51 YEARS.
2. THE UNION OF INDIA, FINANCE DEPARTMENT, ROOM NO. 129-A, NORTH BLOCK, NEW DELHI REP. BY ITS SECRETARY.
...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 writ of mandamus or any other appropriate writ, order or direction, challenging Order in Crl.MP.2534 of 2025 in CF.No.6952 of 2025 on the file of Chief Judicial Magistrate, Vijayawada, NTR District Erstwhile Krishna District and consequential warrants issued to secure physical possession of scheduled property in the notice Under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of
CMR,J & GTK,J W.P.No.28087 of 2025
Security, Interest Act 2002 obtained by the 1st respondent Financial Institution in pursuant of 13(4) notice dated 27.10.2023 issued by the 1 respondent herein under Securitization and Reconstruction of Financial Assets and Enforcement of Security, Interest Act 2002 is illegal, arbitrary and violative of principles of natural justice pleased to suspend the Order in Crl.MP.2534 of 2025 in CF.No.6952 of 2025 on the file of Chief Judicial Magistrate, Vijayawada, NTR District Erstwhile Krishna District and consequential warrants issued to secure physical possession of scheduled property in the notice under section14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security, Interest Act 2002 obtained by the respondent institution, pending disposal of the writ petition pleased to vacate the interim order passed in IA.No.1 of 2025 in WP.No.28087 of 2025 dt 14.10.2025 and dismiss the writ petition and pass
May be pleased to implead as Respondent No.3/ proposed party in the present WP.No.28087 of 2025 pending disposal of above writ petition and pass Counsel for the Petitioner:
1. M K RAJ KUMAR Counsel for the Respondent(S):
1. BATHULA RAJ KIRAN (SC FOR LIC HFL) The Court made the following:
CMR,J & GTK,J W.P.No.28087 of 2025
ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner and learned counsel for respondent No.1.
2. Challenging the measures initiated by the 1st respondent-financial institution against the principal borrowers for realization of the borrowed amount, the petitioner has filed this writ petition. In fact, an efficacious remedy of approaching the Debts Recovery Tribunal, which is the appropriate forum constituted under the Act with separate mechanism is available for the petitioner to approach for redressal of his grievance. However, without approaching the said forum, he has invoked the writ jurisdiction of this Court. So, we are not inclined to interfere in the matter and entertain this writ petition.
3. Therefore, the Writ Petition is disposed of, with a direction to the petitioner to approach the Debts Recovery Tribunal seeking redressal of his grievance on the grounds which are now urged before this Court. As interim relief to main Status-Quo is ordered with regard to the possession of the property in question at the time of admission of the matter, the same shall continue till the petitioner approaches the Debts Recovery Tribunal. The petitioner shall approach the Debts Recovery Tribunal within ten days from the date of this order and seek appropriate interim relief there. If the petitioner fails to approach the Debts Recovery Tribunal within the time stipulated above, the interim order of Status-Quo stands vacated without any further reference to tis Court. There shall be no order as to costs.
4. As a sequel, Interlocutory Applications, including I.A.No.3 of 2025, shall stand closed.
_________________________________________ CHEEKATI MANAVENDRANATH ROY, J
________________________ TUHIN KUMAR GEDELA, J Date : 27-01-2026 BMS