WP/4916/2022 of V. Leela Rani, Vs LIFE INSURANCE CORPORATION HOUSING FINANCE LTD on 10 November 2025

1. V. LEELA RANI,, W R/ O. MARUTHI NA AND MANDAL, SR

1. LIFE INSURANCE BY ITS AUTHORI JEEVANA SAMRID ROAD, VISAKHAPA

2. BRANCH MANAGE PALAKONDA ROAD Petition under Articl circumstances stated in pleased tobe issued writ issuing possession notic house No. C54 me situa Junior College Road, Po District as illegal, arbitrar justice and set aside the interfere with the posses situated at 4th land in S.N Ponugutivalasa Village, R

E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) THE ELEVENTH DAY OF NOVEMBE THOUSAND AND TWENTY FIVE PRESENT RI JUSTICE CHEEKATI MANAVEND BLE SRI JUSTICE TUHIN KUMAR G RIT PETITION NO: 4916/2022 W/O. V. GANGU NAIDU, AGED ABO AGAR, 4TH LANE, DOLAPETA, RA RIKAKULAM DISTRICT. AND CORPORATION HOUSING FINANC IZED OFFICER, 4TH FLOOR, N DHI NEW INVESTMENT BUILDING ATNAM. ER, LIC HOUSING FINANCE LTD., KR D, SRIKAKULAM TOWN. . ...RES le 226 of the Constitution of India pra the affidavit filed therewith, the High t of mandamus declaring action of 1s ce 06.01.2022 for taking symbolic po ated at 4th land in S.No.112-7, Marut onugutivalasa Village, Razaam Man ry, contrary to law and violation of prin e same and consequently direct resp ssion of the petitioner residential hou No.112-7, Maruthi Nagar, Vidya Junio Razaam Mandal, Srikakulam District a DESH

ER DRANATH ROY GEDELA UT 35 YEARS, AJAM VILLAGE ...PETITIONER CE LTD, REP. NORTH WING, G, THIKKANNA RISHNA PARK, SPONDENT(S): aying that in the h Court may be st respondent in ossession of the thi Nagar, Vidya ndal, Srikakulam nciples of natural pondents not to use No. C54 me or College Road, and pass

IA NO: 1 OF 2022 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 direct the respondents not to take any coercive steps with regard to house bearing No. C54 me situated at 4th land in S.No.112-7, Maruthi Nagar, Vidya Junior College Road, Ponugutivalasa Village, Razaam Mandal, Srikakulam District in pursuant to the notice dt: 06.01.2022 issued by 1st respondent pending WP 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 May be pleased to vacate the interim order passed in W.P.No.4916 of 2022, Dt.25-02-2022 in the interest of justice and to pass Counsel for the Petitioner:

1. ARAVALA RAMA RAO Counsel for the Respondent(S):

1. BATHULA RAJ KIRAN

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

Assailing the notice dated 06.01.2022 issued under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’), for taking symbolic possession of the residential house of the petitioner, which is a secured asset, the present writ petition has been filed by the petitioner.

2. Heard learned counsel for the petitioner and Sri Suresh Kumar, learned counsel representing Sri B.Raj Kiran, learned Standing Counsel for respondent No.1-Life Insurance Corporation Housing Finance Limited and also for respondent No.2.

3. The petitioner is the principal borrower, who has availed loan from respondent No.1. She has offered her house property as a security for the two loans availed by her from respondent No.1. As the petitioner has committed default in re-payment of the loan amount, respondent No.1 has initiated SARFAESI proceedings and issued notice under Section 13(4) of the Act to take symbolic possession of the secured asset. The petitioner now seeks to assail the legal validity of the said notice issued under Section 13(4) of the Act on various grounds which are pleaded in the writ petition.

4. An efficacious remedy is available to the petitioner even to challenge the said notice under Section 13(4) of the Act on the grounds which are now urged in the writ petition, before the Debts Recovery Tribunal (for short, ‘DRT’)

concerned. Infact, as per the submissions made by learned counsel for the respondents when a similar notice was issued earlier by respondent No.1 to the petitioner, she has approached the DRT assailing the said notice and the DRT has passed an order directing the petitioner to deposit 20% of the outstanding amount within the time of twenty (20) days stipulated by the Tribunal and to pay another 20% of the outstanding amount within another twenty (20) days period. But the petitioner failed to comply with the said direction and she did not deposit the outstanding amount of 20%, as directed and she has deposited only some of the amount. Therefore, it appears that the S.A.No.197 of 2017 that was filed by the petitioner was dismissed. Now, again the Bank has initiated fresh proceedings by way of issuing notice under Section 13(4) of the Act. But, the petitioner suppressing the said fact of earlier litigation before the DRT and that she has failed to comply with the direction issued by the DRT to deposit 20% of the outstanding amount, she has approached the Writ Court by invoking jurisdiction of this Court under Article 226 of Constitution of India. The petitioner is not justified in approaching this Court by suppressing the material facts relating to the earlier round of litigation. She has conveniently chosen to approach this Court, as she failed to comply with the direction of the DRT in the previous round of litigation.

5. Therefore, in the said facts and circumstances of the case, we are not inclined to interfere in this writ petition and to entertain the writ petition. However, the petitioner is at liberty to approach the DRT and avail her remedy for redressal of her grievance.

6. Therefore, the Writ Petition is disposed of, granting liberty to the petitioner to approach the Debts Recovery Tribunal for redressal of her grievance within a period of four (4) weeks from date of this order. 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: 11.11.2025 MDP