Andhra Pradesh High Court

WP/32839/2025 of PATTAPU SRINIVASULU Vs THE DEBTS RECOVERY TRIBUNAL on 24 November 2025

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HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 32839/2025 Between: 1. PATTAPU SRINIVASULU, S/O. VENKATA SESHAIAH AGED ABOUT 45

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1. PATTAPU SRINIVA 45 YEARS, R/O D DISTRICT

1. THE DEBTS REC TRIBUNAL REP. BY

2. CHOLAMANDALAM REP. BY ITS AUT SUPER B-4, T CHENNAI, TAMIL N Petition under Articl circumstances stated in pleased topleased to iss which is in the nature Commissioners Notice d respect to land admeas Ankanams or 480 Sq.Y Pantapelem Village, Muth violative of principles of E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) HE TWENTY FIFTH DAY OF NOVEM THOUSAND AND TWENTY FIVE PRESENT RI JUSTICE CHEEKATI MANAVEND BLE SRI JUSTICE TUHIN KUMAR G RIT PETITION NO: 32839/2025 ASULU, S/O. VENKATA SESHAIAH D.NO. 1-96L, PANTAPALEM, SP AND COVERY TRIBUNAL, VTHE DEBTS Y ITS CHAIRMAN, VISAKHAPATNAM M INVESTMENT AND FINANCE CO THORISED OFFICER CHOLA CR HIRU-VI-KA INDUSTRIAL ESTATE NADU - 600032 ...RES le 226 of the Constitution of India pra the affidavit filed therewith, the High sue an appropriate Writ, order or direc of a Writ of Mandamus declaring dated 22-11- 2025 issued to the uring an extent of Sy. No. 108/2 c Yards of vacant site and a RCC hukur Mandal, Gudur District as illega natural justice and Articles 14, 19, 2 DESH

MBER DRANATH ROY GEDELA AGED ABOUT SR NELLORE ...PETITIONER S RECOVERY M OMPANY LTD, REST, C54-55 E, GUINDY, SPONDENT(S): aying that in the h Court may be ction mostly one g the Advocate Petitioner with consisting of 60 roof house in al, arbitrary and 1 and 300-A of the Constitution of India and set aside the same and consequently direct the Respondents not to dispossess the Petitioner from the subject property till he approaches the Respondent No. 1 and 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 stay all further proceedings in pursuance of Advocate Commissioner’s Notice dated 22-11-2025 with respect to the Petitioner property i.e. land admeasuring an extent of Sy. No. 108/2 consisting of 60 Ankanams or 480 Sq.Yards of vacant site and a RCC roof house in Pantapelem Village, Muthukur Mandal, Gudur District pending disposal of the above Writ Petition and pass Counsel for the Petitioner:

1. SODUM ANVESHA 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 petitioner.

2. This writ petition is filed challenging the legal validity of the notice dated 22.11.2025 issued by the Advocate Commissioner to take possession of the secured asset, pursuant to the direction given by the learned Magistrate.

3. To a pointed question, as to why the petitioner has approached this Court, without approaching the Debts Recovery Tribunal for redressal of his grievance, learned counsel for the petitioner submits that the presiding officer of the Debts Recovery Tribunal is on leave and the Tribunal is not functioning and as such, she is constrained to approach this Court.

4. It is brought to our notice that the presiding officer is on leave till 26.11.2025. Therefore, he will be resuming his duty on 27.11.2025.

5. So, in the said facts and circumstances of the case, we are of the considered view that this writ petition can be disposed of with a direction to the Debts Recovery Tribunal to consider the securitization application that may be filed by the petitioner before the Debts Recovery Tribunal and the Interlocutory application filed along with it, on 27.11.2025, without fail, as it is stated that the date to take possession of the property is given on 28.11.2025. It is made clear that we are not expressing anything on the merits of the case and the Debts Recovery Tribunal shall dispose of the stay application, in accordance with law, on merits, by 27.11.2025.

6. The Writ Petition is disposed of, accordingly, with the above direction. There shall be no order as to costs.

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

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

_____________________________ JUSTICE TUHIN KUMAR GEDELA

Date: 25.11.2025 Note: Issue C.C. by today B/o. MDP

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