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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHEEKATI MANAVENDRANATH ROY, TUHIN KUMAR GEDELA
All India Agri Gold Customers, Agents Welfare Association, Rep. By Its President. Kondapuram Ranga Reddy, S/o. Late K. Venkata Reddy – Appellant
Versus
Union Bank Of India, (Erstwhile Andhra Bank), Labbipet Branch, Labbipet, Vijayawada, Represented By Its Branch Manager – Respondent
| Table of Content |
|---|
| 1. petitioner challenges recovery officer's orders. (Para 2 , 3) |
| 2. right of appeal under the recovery of debts act. (Para 4) |
| 3. court directs petitioners to pursue appellate remedies. (Para 5 , 6) |
ORDER :
Cheekati Manavendranath Roy, J.
Head learned counsel for the petitioner and learned counsel for the respondents.
2. In both these two writ petitions, the petitioner, by name M/s. All India Agri Gold Customers Agents Welfare Association, challenged the legal validity of the orders passed by the Recovery Officer, Debts Recovery Tribunal, Visakhapatnam. In W.P.No.26880 of 2024, the orders passed by the Recovery Officer in R.P.No.723 of 2017 in O.A.No.686 of 2015 and R.P.No.160 of 2018 in O.S.No.685 of 2015 are under challenge and in W.P.No.27096 of 2024, the orders passed by the Recovery Officer in R.P.No.581 of 2017 in O.A.No.8 of 2016 and R.P.No.652 of 2017 in O.A.No.10 of 2016 are under challenge.
3. The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking writ of Mandamus to declare the action of respondent No.1 in proceeding with auction of the properties pursuant to the orders passed by the Recovery
A party must exhaust available statutory remedies before seeking intervention from a writ court, ensuring respect for legal processes.
The authority of the Debt Recovery Tribunal to revive proceedings in accordance with the Ministry of Finance Gazette Notification dated 06.09.2018 and the availability of statutory alternative remedy....
Non-compliance with Tribunal orders leads to rejection of appeal; writ petition dismissed with liberty to approach Tribunal upon compliance.
The petitioner must pursue alternate statutory remedies available under relevant debt recovery laws rather than seeking extraordinary jurisdiction.
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