Andhra Pradesh High Court
WP/13445/2025 of ANDE SIVA PRASAD Vs HINDUJA HOUSING FINANCE LTD on 7 December 2025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3418] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE V.GOPALA KRISHNA RAO WRIT PETITION NO:
APHC010251932025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY,THE EIGHTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
THE HONOURABLE SRI JUSTICE V.GOPALA KRISHNA RAO
WRIT PETITION NO: 13445/2025
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1. ANDE SIVA PRASAD, S/O RAMALINGAIAH, AGED 51 YEARS, OCC CULTIVATION,
R/O HNO 1-46-1, KONERUVARIVEEDHI, TADEPALLIGUDEM MANDAL, WEST GODAVARI DISTRICT.
...PETITIONER AND
1. HINDUJA HOUSING FINANCE LTD, REP. BY ITS AUTHORIZED OFFICER, OFFICE 54-20-10/1 A, OPP SBI BANK, GURUNANAK COLONY, MAIN ROAD, VIJAYAWADA.
2. M/S HINDUJA HOUSING FINANCE LTD, REP. BY ITS MANAGING DIRECTOR,, REGD. OFFICE 27-A, DEVELOPED INDUSTRIAL ESTATE, GUINDY, CHENNAI-600032.
...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 one in the nature of WRIT OF MANDAMUS declaring the possession notice issued by the 1st Respondent thereby affixing the notice dated 24-04-2025 reference AP-VWD-VJDA-A000000402 CO/CPC/CPOF/A000004047 to petitioner's property under SARFAESI Act, 2002 and rules framed thereunder, as illegal, irregular, arbitrary and without jurisdiction and offends articles 14,
19 and 21 of Constitution of India and consequently grant stay of all further proceedings of the 1st respondent notice dated 24-04- 2025 reference AP- VWD-VJDA-A000000402 and CO/CPC/CPOF/A000004047 with respect to petitioner's property and to pass 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 pleased to grant stay of all further proceedings of the 1st respondent notice dated 24-04-2025 reference AP-VWD-VJDA-
A000000402 & CO/CPC/CPOF/A000004047 with respect to petitioner's property pending disposai of the above writ petition and to pass Counsel for the Petitioner:
1. M SOLOMON RAJU 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 avail the alternative remedy. 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 V. GOPALA KRISHNA RAO
Date: 08.12.2025 ARR
THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
AND
THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO
WRIT PETITION NO: 13445/2025
Date: 08.12.2025
ARR