IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI A (Special Original Jurisdiction) i MONDAY, THE TWENTY EIGHTH DAY OF APRIL I •TJl iO TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10963 OF 2025 Between:

Somi Yellamma, W/o Somi Venkat Rao (late), Aged about 50 Years, House Wife, R/o 8-9-23/A, Maha Lakshmi Gudi Street, Wynchipeta, I -

Town, Vijayawada, N.T.R District.

...PETITIONER AND

1. Managing Director/Hinduja Finance Ltd, Head office situated at 27- A, developed Industrial Estate Guindy, Chennai - 600032.

2. The Branch Manager, Hinduja Housing Finance, Vijayawada.

3. Authorized Sale Officer, Hinduja Housing Finance , Vijayawada.

4. D. Indira Gandhi, Advocate Commisssioner, Bezawada Bar Association Vijayawada.

5. District Collector, N.T.R District ,Vijayawada.

6. Guntupalli Naga Raju, S/o Venkateswara Rao, Aged 45 years, D.No.

22-17-5/H/A, Satyanarayanapuram, Vijayawada.

7. Kothamasu Gangadhar Rao, S/o Omkar Nath, Aged 44 years, D.No.

14-29-41, Marisupeta, Tenali, Guntur District.

8. Kothamasu Rani, W/o Gangadhar Rao, Aged 42 years, D.No. 14-29-

41, Marisupeta, Tenali, Guntur District.

...RESPONDENTS 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 issue Writ or Order or Direction more particularly in the nature of fiy VyF^T»* OF MANDAMUS by declaring the action of Respondents in taking physical possession of the schedule property R/o 8-9-23/A, Maha Lakshmi K Gudi Street, Wynchipeta, I- Town, Vijayawada, N.T.R District.By filing GrI.M.P.No.290/2025 in OF.No.410/2025 of Chief Metropolitan Magistrate, Vijayawada without giving paper publication in any news paper as

contemplated in Section 14 of Sarfesi Act is illegal , arbitrary, unjust in CrI.M.P.No.290/2025 in CF.No.410/2025 of Chief Metropolitan Magistrate Vijayawada is viloative of Article 14, 21 of constitution of India against to the provisions of Sarfesi Act and further consequently to set aside the orders in and to consider the representation dated 21-04-2025 given to District

Collector Vijayawada.

lA 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 Fligh Court may be pleased to stay of the orders in Crl.M.P.No.290/2025 in CF.No.410/2025 of Chief Metropolitan Magistrate, Vijayawada without contemplating the provisions of Sarfesi Act. pending disposal of the above writ petition.

Counsel for the Petitioner: SRI SRINIVASULU P Counsel for the Respondent Nos.1 to 4 & 6 to 8:—-

Counsel for the Respondent No.5: GP FOR REVENUE The Court made the following: ORDER APHC010215972025 IN THE HIGH COURT OF ANDHRA PRADESH SI.No.12 AT AMARAVATI [3483]

WRIT PETITION NO: 10963 of 2025 Somi Yellamma ...Petitioner Vs.

Managing Director/Hinduja Finance Ltd., and others ...Respondents **********

Advocate for petitioner Sri P. Srinivasulu Advocate for respondents Learned G.P. for Revenue CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 28th April 2025 PC :

In view of the fact that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 (for short, “the SARFAESi Act”) provides an effective alternate remedy by way of an appeal before the Debts Recovery Tribunal, which can very well be availed by the petitioner, we do not find any reason to interfere at this stage by invoking our extraordinary jurisdiction considering the ratio of the judgments rendered by the Apex Court in Radha Krishan Industries v. State of H.P.,^ and United Bank of India vs. Satyawati Tondon^.

The Writ Petition is, accordingly, dismissed. No order as to costs.

’ (2021) 6 see 771 ^ [(2010)8 see 110 2010 INSe 428]

Pending miscellaneous applications, if any, shall stand ^closed.

Sd/- A VENU GOPALA RAO ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER To, 1. On