WP/30602/2025 of M/s. Sriyan Engineers and Contractors Pvt. Ltd., Vs The Union of India, on 4 November 2025

1. M/S. SRIYAN ENG BY ITS MANAGING FLAT NO.409, HOU TVR NAGAR COL STATE

2. KETHA PUMA VE RAO, MANAGING CONTRACTORS P NO.204, VISHNU HILLS, OPP MAD HYDERABAD, TELA

3. KETHA RAVI CHAN AGED 56 YEARS COLONY, BEHIN GODAVARI DISTRI

1. THE UNION OF DEPARTMENT, S

2. THE STATE BAN BRANCH II, RE E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) DAY, THE FIFTH DAY OF NOVEMBE THOUSAND AND TWENTY FIVE PRESENT RI JUSTICE CHEEKATI MANAVEND BLE SRI JUSTICE TUHIN KUMAR G RIT PETITION NO: 30602/2025 GINEERS AND CONTRACTORS PVT G DIRECTOR, KETHA PUMA VENK USE NO. 12-6-2/230, VENKATAPUSH ONY, KUKATPALLY, HYDERABAD, ENKATA PRASAD,, S/O. LATE RA G DIRECTOR, M/S. SRIYAN ENG PVT. LTD., AGED ABOUT 61 Y PERAL APARTMENTS, PLOT N DHAPUR POLICE STATION, JU ANGANA STATE NDRA KUMAR,, S/O. LATE RAMACH S, BUSINESS, R/O. D.NO.3-16A, ND RTC COMPLEX, KAKINADA U ICT ...P AND INDIA, REP. BY ITS SECRETAR SOUTH BLOCK, NEW DELHI NK OF INDIA, STRESSED ASSETS EP. BY ITS AUTHORISED OFFICE DESH

ER DRANATH ROY GEDELA T. LTD.,, REP. KATA PRASAD, HPA TOWERS, , TELANGANA AMACHANDRA GINEERS AND YEARS. FLAT O.76, KAVURI BILEE HILLS, HANDRA RAO, OPP. BURMA URBAN, EAST PETITIONER(S) RY, FINANCE S RECOVERY ER, PRASAD

DAKEY, S/O. LATE RAJA GOPAL RAO, SERILINGAMPALLI, RANGAREDDY DISTRICT, HYDERABAD, TELANGANA STATE

3. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, KAKINADA, EAST GODAVARI DISTRICT

4. THE KAKINADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, KAKINADA DISTRICT

5. THE SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DISTRICT

6. THE CHIEF JUDICIAL MAGISTRATE, EAST GODAVARI, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT

7. YADUKULA LALITHA, W/O. RAJENDER REDDY, AGED 58 YEARS. BUSINESS, R/O. D.NO.9-8/1, REDDYPALLI VILLAGE, KHAMMAM (RURAL) MANDAL, KHAMMAM DISTRICT

8. KETHA PADMA LAXMI, W/O. PUMA VENKATA PRASAD, AGED 61 YEARS, D.NO.3-16A, OPP. BURMA COLONY, BEHIND RTC COMPLEX, KAKINADA URBAN, EAST GODAVARI DISTRICT

9. PECHETTI PADMAJA DEVI, D/O. LATE RAMACHANDRA RAO, AGED 54 YEARS, D.NO.3-16A, 0PP. BURMA COLONY, BEHIND RTC COMPLEX, KAKINADA URBAN, EAST GODAVARI DISTRICT

10. G NAVEENA, ADVOCATE COMMISSIONER, D.NO.3-5, GANESH CENTRE, VANAPALLI, KOTHAPETA MANDAL, B.R. AMBEDKAR KONASEEMA DISTRIC ...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 an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the Proceedings in CRL.M.P.No.196/2025 dated 11-08-2025 of the 6th Respondent as illegal, irregular, arbitrary, unjustified, unconstitutional, unsustainable and contrary to the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Rules framed thereunder and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set-aside the same

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 of the Respondents including e- Auction, dt.6-11-2205 in pursuance of CRL.M.P.No.196/2025 dated 11-08- 2025 of the 6th Respondent Counsel for the Petitioner(S):

1. V V NAGA VISHNU TEJA Counsel for the Respondent(S):

1. K SUNDEEP

2. GP FOR HOME

3. GP FOR REVENUE

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

Heard learned counsel for the writ petitioners and Sri S.Satyanarayana Moorthy, learned counsel representing Sri K.Sundeep, learned counsel for the caveat petitioner/respondent No.2.

2. This writ petition is filed challenging the order dated 11.08.2025 passed by the learned Chief Judicial Magistrate, Rajamahendravaram of East Godavari District in Criminal.M.P.No.196 of 2025, as illegal and unsustainable.

3. The 1st petitioner is the principal borrower, being represented by its Managing Director, had availed a loan from respondent No.2-State Bank of India. The 2nd petitioner is the Managing Director of the 1st petitioner. The 3rd petitioner is the legal heir of the surety of the 1st petitioner. As the 1st petitioner committed default in re-payment of the loan amount, the Bank has initiated proceedings under the SARFAESI Act. The petition under Section 14 of the Act was filed before respondent No.6-learned Chief Judicial Magistrate of Rajamahendravaram. The said petition was allowed and the Advocate Commissioner was appointed to take possession of the property in question. Learned Advocate Commissioner has taken possession while executing the warrant issued to that effect. Thereafter, the proceedings are closed before the learned Magistrate.

4. Now, the said order of learned Magistrate is challenged in this writ petition on the ground that the debtor and the guarantor has only offered plot Nos.18 and 99 as security for the loan amount and they did not offer the vacant site covered by plot No.100, but, the said plot No.100 was also taken possession by learned Advocate Commissioner pursuant to the order passed by learned Chief Judicial Magistrate in a petition filed under Section 14 of the Act. So, the grievance of the writ petitioners is only relating to plot No.100, which was also taken possession by learned Advocate Commissioner, as ordered by learned Chief Judicial Magistrate.

5. As can be seen from the schedule of the memorandum of deposit of title deeds executed by the debtor and the guarantor in favour of the Bank and particularly, from schedule property-2, which contains the list of title deeds deposited, the 3rd document i.e., sale deed dated 07.04.1979 which was deposited by the debtor and the guarantor, it relates to plot No.100 also.

6. Further, admittedly the writ petitioners have already approached the Debt Recovery Tribunal, Hyderabad, by way of filing appropriate proceedings to that effect. There is a delay in filing the said proceedings before the Debt Recovery Tribunal, Hyderabad. So, a delay condonation petition was also filed. They are now pending before the Debt Recovery Tribunal, Hyderabad. Without pursuing the remedy before the Debt Recovery Tribunal, Hyderabad where the writ petitioners have already challenged the impugned order, the writ petitioners have approached this Court again by way of filing writ petition and sought to maintain parallel proceedings, challenging the said order both before the Debt Recovery Tribunal, Hyderabad and this Court, which is not permissible under law.

7. When questioned, learned counsel for the writ petitioners submits that as the petition is not yet numbered in the Debt Recovery Tribunal, Hyderabad that the petitioners are constrained to approach this Court, as auction is scheduled to be held tomorrow only i.e., on 06.11.2025. The impugned order was passed long back in the month of August, 2025. The Advocate Commissioner’s report executing the warrant was considered and closed by learned Magistrate on 11.08.2025. Now, at this late hour, the writ petitioners have approached this Court without pursuing the petition filed before the Debt Recovery Tribunal, Hyderabad. So, in the said facts and circumstances, we are not inclined to interfere and entertain this writ petition.

8. Accordingly, the writ petition is dismissed. The petitioners are at liberty to pursue their remedy before the Debt Recovery Tribunal, Hyderabad, where the order was already challenged.

9. In view of the urgency that is now urged by the learned counsel for the writ petitioners, the Debt Recovery Tribunal, Hyderabad shall register the said petition that is filed by the writ petitioners if it is otherwise in order and hear the same and dispose of the same expeditiously, according to law, on merits. 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: 05.11.2025 MDP