WP/24068/2025 of SRI BANDARU NARAYANA MURTHY Vs STATE BANK OF INDIA on 24 November 2025

1. SRI BANDARU NARAYANA MURTHY, S/O SRI (LATE) B. VENKATA RAO, AGED MAJOR , R/AT FF-5,4TH FLOOR, BALAJINAGAR, KRISHNANJALI, TOWERS, SIRIPURAM, VISAKHAPATNAM 530013

2. .SMT BANDARU KANCHANA, W/O B. VENKATA RAO, AGED MAJOR, R/AT FF-5,4TH FLOOR, BALAJINAGAR, KRISHNANJALI, LOWERS, SIRIPURAM, VISAKHAPATNAM 530013

...PETITIONER(S) AND

1. STATE BANK OF INDIA, RETAIL ASSETS CENTRAL PROCESSING CELL- II (RAPC-II) 3RD FLOOR , FXOTICA, HEMAS TWIN BLISS , D.NO.39-11-76/2/1 BIRLA JUNCTION, MURALI NAGAR REP., BY ITS CHIEF MANAGER SRI B. SRINIVASA RAO S/O B. LAXMINARAYANA AGED 56 YRS VISAKHAPATNAM.

2. SMT CH SWAMA GOWRI MANI, ADVOCATE- COMMISSIONER (APPOINTED IN CRL MP NO.205/2024 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE, VISAKHAPATNAM.)

3. THE STATION HOUSE OFFICER, II TOWN / MAHARANI PETA POLICE STATION VISAKHAPATNAM.

...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 or Order or Direction more particularly one in the nature of a Writ of Certiorari to Call for the records pertaining to the Impugned Order passed in CRL M.P. No. 205/2024 dt.21-01-2025 on the file of Chief Judicial Magistrate , Visakhapatnam under Section 14 of SARFAESI Act in connection with Petition filed by the Respondent Bank for physical possession of the Petitioners Property i.e., Flat F.F-5,4thFloor D.No.18-1-70in Sri Krishna Tej S Plaza at K.G.H. Down Road, Visakhapatnam with the Assitance of Advocate-Commissioner (R-2) along with Jurisdictional Police (R- 3) there by trying to take out the physical possession of the Petitoner's property which is toally bad in Law, not in confirmity with the Section 14 of SARFEASI Act, Violation of Procedure, Violation of Principles of Natural Justice, Violation of Article 14,19,21,300-A- of the Constitution of India, Violation of Rulings of Apex Court, and this Honble High Court Consequently to Quash the Impugned Order in CRL M.P.No. 205/2024 dt.21-01-2025 on the file of Chief Judicial Magistrate , Visakhapatnam by Allowing the Writ Petition in the interest of the justice. 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 STAY of all the further proceedings in CRL M.P. No. 205/2024 on the file of Chief Judicial Magistrate , Visakhapatnam including by Execution of Commissioner's Warrant for taking out Physical Possession of the Petitioner's Flat F.F-5,4th Floor D.No. 18-1-70 in Sri Krishna Tej S Plaza at K.G.H. Down Road, Visakhapatnam pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S):

1. RAVURI LEELA SAI SAMPATH Counsel for the Respondent(S):

1. S SATYANARAYANA MOORTHY

2. GP FOR HOME The Court made the following:

ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) When the matter is taken up for hearing, learned counsel for the petitioners submits that as a fresh order has been passed by the learned Chief Judicial Magistrate, the petitioners would challenge the said order and in view of the same, nothing survives in this writ petition for adjudication.

2. Recording the aforesaid submission made by the learned counsel for the petitioner, this Writ Petition is closed, with liberty to the petitioners to challenge the fresh order that is passed before the Debts Recovery Tribunal. No order as to costs.

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

_________________________________________ CHEEKATI MANAVENDRANATH ROY, J

________________________ TUHIN KUMAR GEDELA, J Date : 25-11-2025 BMS