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2023 Supreme(AP) 1359

D. V. S. S. SOMAYAJULU, DUPPALA VENKATA RAMANA
Potluri Lakshmi Rajeswari – Appellant
Versus
Punjab National Bank – Respondent


Advocates appeared:
P.S.P.Suresh Kumar, Advocate, Prudviraju Mudunuri, Advocate

JUDGMENT

D.V.S.S.SOMAYAJULU,J. - This Writ Petition is filed by the tenants in the property seeking declaration that they have been highhandedly dispossessed by the respondent-bank through an Advocate Commissioner appointed under the provisions of Sec. 14 of the The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "SARFAESI Act") by the Chief Judicial Magistrate, Machilipatnam.

2. The prayer is for a mandamus declaring the action taken by the Bank as highhanded.

3. This Court has heard Sri P.S.P. Suresh Kumar, learned counsel for the petitioners and Sri Prudviraju Mudunuri, learned standing counsel for the 1st respondent-Bank.

4. With the consent of both the learned counsel the Writ Petition itself is taken up for hearing since an objection was raised as to the very maintainability of the writ petition itself.

5. Sri P.S.P. Suresh Kumar, learned counsel for the petitioners argued that the petitioners are tenants of the property consisting of land and building in R.S.No.5/3, Plot No.10, bearing Door No.4-11-4A Gangadharapuram (V), Bommuluru Gram Panchayat, Krishna District. They state that they have entered into a lease i

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