WP/36178/2025 of Pavan Sai Onion, Vs Union of India, on 25 December 2025

1. PAVAN SAI ONION VILLAGE AND MA PRADESH-534102. BULLI VENKATA A

2. BETHU SATYANA YEARS, H.NO.4-3/ VILLAGE, NIDAMA ANDHRA PRADESH

3. BETHU BULLI VEN YEARS, H.NO.4-4/ VILLAGE, NIDAMA ANDHRA PRADESH

4. BETHU MADHAVI,, H.NO.4-4/1, ZP R VILLAGE, NIDAMA ANDHRA PRADESH

1. UNION OF INDIA, M (DEPARTMENT O E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) E TWENTY SIXTH DAY OF DECEMB THOUSAND AND TWENTY FIVE PRESENT RI JUSTICE CHEEKATI MANAVEND LE SRI JUSTICE VENUTHURUMALL KRISHNA RAO RIT PETITION NO: 36178/2025 N, D.NO.9-22-65, BR MARKET, TADE ANDAL, WEST GODAVARI DISTR REPRESENTED BY ITS PROPRI DIYYA. ARAYANA,, S/O. BHASKARA RA /1, ZP ROAD, NEAR POST OFFICE, ARRU MANDAL, WEST GODAVA H-534198. KATA ADIYYA,, S/O. SATYANARAYA /1, ZP ROAD, NEAR POST OFFICE, ARRU MANDAL, WEST GODAVA H-534198. W/O. BULLI VENKATA ADIYYA, AG ROAD, NEAR POST OFFICE, ARRU MANDAL, WEST GODAVA H-534198. ...P AND MINISTRY OF FINANCE AND COMPA F ECONOMIC AFFAIRS), (BANKIN DESH

BER DRANATH ROY I GOPALA EPALLIGUDEM RICT, ANDHRA IETOR BETHU O, AGED 65 CHANAMALLI ARI DISTRICT, ANA, AGED 44 CHANAMALLI ARI DISTRICT, ED 37 YEARS, CHANAMALLI ARI DISTRICT, PETITIONER(S) ANY AFFAIRS, NG DIVISION),

REPRESENTED BY ITS SECRETARY, 3RD FLOOR, JEEVAN DEEP BUILDING, SANSADMARG, NEW DELHI-110001.

2. THE RESERVE BANK OF INDIA, REP. BY ITS REGIONAL MANAGER,

6-1-56, SECRETARIAT ROAD, SAIFABAD HYDERABAD-500 004.

3. THE AUTHORIZED OFFICER, AXIS FINANCE LIMITED, GROUND FLOOR, C-2, WADIA INTERNATIONAL CENTRE, PANDURANG BUDHKAR MARG, WORLI, MUMBAI-45, MOBILE NO.7738650021, SHRISTIL .AGRAWAL@AXISFINANCE.IN ...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 to issue any writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the Respondent Bank in attempting to dispossess the Petitioners and the family from residential building D.No.4-4, New D.No.3-67, Assessment No.367, Ward No.4and Survey No.427/1 to an extent of 209 Square Yards (174 Sq.Mtrs) Situated at Chanamalli Village, Nidamarru Mandal, Eluru District and Residential House Site situated in R.S.No.26/2, to an extent of 647 Square Yards of Tadepalligudem Town and Mandal, West Godavari District under the guise of the Order in Criminal Miscellaneous Petition No. 704 of 2025 of the Chief Judicial Magistrate- Cum- Principal Civil Judge (Senior Division), Eluru, West Godavari District, through the Advocate Commissioners taking advantage of the pendency of S.A.No.773/2025 and I.A.No.4962 of 2025 in S.A.No. 773/2025 before the Hon'ble Debts Recovery Tribunal, Visakhapatnam and the Presiding Officer being on leave as illegal, arbitrary and violative of Art. 14, 21 and 300-A of Constitution of India and consequently to direct the Respondent Bank not to employee any coercive measures including taking possession of the Petitioners house property pending the S.A.No.773/2025 before the Debts Recovery Tribunal, Visakhapatnam IA NO: 1 OF 2025 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 to direct the Respondent Bank not to interfere and dispossess the Petitioners and family from the residential building D.No.4-4, New D.No.3-67, Assessment No.367, Ward No.4and Survey No.427/1 to an extent of 209

Square Yards (174 Sq.Mtrs) Situated at Chanamalli Village, Nidamarru Mandal, Eluru District and residential house site in R.S.No.26/2, to an extent of 647 Square Yards situated at Tadepalligudem Town and Mandal, West Godavari District pending disposal of Writ Petition Counsel for the Petitioner(S):

1. RAMBABU KOPPINEEDI Counsel for the Respondent(S):

1. The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

Heard learned counsel for the petitioners.

2. The petitioners are the principal borrowers and guarantors. The principal borrowers availed loan from the 3rd respondent-financial institution. As they committed default in repayment of the loan amount, the 3rd respondent has initiated measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’). Notice under Section 13(2) of the SARFAESI Act was given to take possession of the secured asset. Challenging the said measures initiated by the 3rd respondent-financial institution, the petitioners have already approached the Debts Recovery Tribunal, which is the appropriate forum for redressal of the said grievance, by way of filing securitization application No.773 of 2025. Alongside the securitization application, they also filed I.A.No.4962 of 2025, seeking stay of the further proceedings of taking possession of the secured asset.

3. Alleging that the presiding officer of the Debts Recovery Tribunal is on leave and the Tribunal is not functioning, they have approached this Court by way of filing the writ petition, in view of the urgency. It is now stated at the time of hearing this petition that the presiding officer has resumed duty and even though the matter stood posted today to hear the stay petition that the learned presiding officer of the Tribunal has posted the stay petition beyond three (3) weeks. Therefore, learned counsel for the petitioners prayed to pass appropriate interim orders to protect their interest till the said application is disposed of before the Tribunal.

4. As the petitioners have already approached the Tribunal, which is the appropriate forum, seeking redressal of their grievance by way of filing securitization application and also stay application, we are not inclined to interfere with the matter and to entertain the writ petition. The petitioners have to pursue their remedy before the Tribunal.

5. Therefore, the Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam, to consider I.A.No.4962 of 2025, which was filed seeking stay of further proceedings and hear the petitioners and dispose of the same, on merits, according to law, within 14 days from date of this order. Till the said stay application is disposed of by the Tribunal within the time stipulated above, there shall be interim direction, not to take possession of the secured asset, to the 3rd respondent-financial institution. If the petitioners fail to cooperate with the Tribunal to dispose of the said stay application within a period of two (2) weeks, as directed supra, the interim direction not to take possession of the secured asset stands vacated without any further reference to the Court. There shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any, shall stand closed.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

______________________________________________ JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO

Date: 26.12.2025 Note: Issue C.C. tomorrow B/o., MDP