WP/1150/2026 of CANARA BANK, Vs Principal Senior Civil Judge Cum Chief Judicial Magistrate, on 18 January 2026

1. CANARA BANK, REP. BY ITS AUTHORIZED OFFICER, Y.V. SIVA NAGA PRASAD KANKIPATI, S/O. SRI NARASIMHA RAO KANKIPATI, AGED ABOUT 42 YEARS, SERVING AS DIVISIONAL MANAGER, MAGUNTA LAYOUT BRANCH, NELLORE CITY, SPSR NELLORE DISTRICT.

...PETITIONER AND

1. PRINCIPAL SENIOR CIVIL JUDGE CUM CHIEF JUDICIAL MAGISTRATE, DISTRICT COURT COMPLEX, NELLORE, SPSR NELLORE DISTRICT.

2. AKULA SREENATH, (BORROWER) S/O. LATE RANGAIAH, DOOR NO. 23/3/497, TEKKEMITTA, NELLORE - 524003.

3. AKULA SUNEETHA, (BORROWER) W/O. AKULA SREENATH, DOOR NO. 23/3/497, TEKKEMITTA, NELLORE - 524003.

4. TUPILI ANIL KUMAR, (AUCTION PURCHASER) S/O. RAMULU CHOWKACHERLA, VIDAVALURU MANDAL, NELLORE, AP- 524316.

...RESPONDENT(S):

CMR,J & GTK,J W.P.No.1150 of 2026

Counsel for the Petitioner:

1. PRUDVI RAJU MUDUNURI Counsel for the Respondent(S):

1. The Court made the following:

CMR,J & GTK,J W.P.No.1150 of 2026

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION No.1150 of 2026 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

Heard learned counsel for the petitioner.

2. Since the grievance of the writ petitioner is only relating to the inaction on the part of the 1st respondent – learned Principal Senior Civil Judge-cum-Chief Judicial Magistrate, Nellore, in disposing of Crl.M.P.No.313 of 2024, notice to respondents is dispensed with and this writ petition is being disposed of with a direction to the 1st respondent to dispose of the said application expeditiously.

3. The petitioner is Canara Bank represented by its Authorized Officer. It is a secured creditor. As per the case pleaded by the petitioner-bank, respondent Nos.2 and 3 are the principal borrowers, who have availed loan from the petitioner by mortgaging the immovable property as security for repayment of the loan amount. As they failed to repay the borrowed amount, the bank has initiated measures under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) and brought the secured asset for sale in the public auction. It appears that the 4th respondent participated in the said public auction and he became the highest bidder. So, the 4th respondent is the auction purchaser of the secured asset. Subsequently, the petitioner bank has filed an application under Section 14 of the SARFAESI Act before the 1st respondent – Principal

CMR,J & GTK,J W.P.No.1150 of 2026

Senior Civil Judge-cum-Chief Judicial Magistrate, Nellore, to take possession of the secured asset. According to the petitioner, the said application in Crl.M.P.No.313 of 2024 under Section 14 of the SARFAESI Act was filed long back in the year 2024, but it is not disposed of till now. Therefore, questioning the inaction on the part of the 1st respondent in disposing of the said application, the present writ petition is filed seeking direction to the 1st respondent to dispose of the said application expeditiously.

4. The first proviso to Section 14 of the SARFAESI Act envisages that an application filed under Section 14 of the SARFAESI Act for taking possession of the secured asset has to be disposed of by the learned Magistrate within a period of thirty days from the date of filing the application. The second proviso to Section 14 of the SARFAESI Act further mandates that if no order is passed by the learned Magistrate within the said period of thirty days for reasons beyond his control, the learned Magistrate, after recording such reasons in writing, has to pass orders within a further period which shall not exceed in aggregate sixty days. In the instant case, the said period of thirty days and the further period of sixty days expired long back as the application was filed long back in the year 2024.

5. Therefore, the writ petition is disposed of with a direction to the 1st respondent - learned Principal Senior Civil Judge-cum-Chief Judicial Magistrate, Nellore, to dispose of the application filed by the petitioner in Crl.M.P.No.313 of 2024 expeditiously by passing appropriate orders on it according to law, within a period of two weeks from the date of this order.

CMR,J & GTK,J W.P.No.1150 of 2026

As a sequel, interlocutory applications, if any pending, in this case shall stand closed. There shall be no order as to costs.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 19.01.2026

Note:- Issue CC by tomorrow. (B/o) IBL

CMR,J & GTK,J W.P.No.1150 of 2026

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION No.1150 of 2026

Dt: 19.01.2026 IBL