The court determined that proceedings under SARFAESI Act for dispossession must comply with legal requirements concerning mortgage registration, reaffirming the protection of property rights.

HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10839 OF 2025 Betwee n :

S V V Ramachandra Rao, S/o. Surya Rao, Aged 49 years, R/o. D,No.27-1-

14/1, Plot No.6, Chandravani palem, srinagar, chinagantyada, Gajuwaka, Visakhapatnam-26.

Petitioner AND

1. M/S State Bank Of India, Represented by its Managing Director, Having its registered head office at Mumbai.

2. The State Bank of lndiaH Rep. by its Assistant general Manager, Retail Assets central processing center-2 (Stressed Assets Resolution Center), IIl floor, Exotica Hemas Twin bliss, D.No.39-ll-76/2/1, Birla Junction, Murali Nagar, Visakhapatnam-530007.

3. The State Bank of Indian Visakhapatnam Branch, Represented by its Authorized Officer, 1st Floor, ML Complex, NAD Kotha Road, Visakhapatnam.

4. Sravanam Venkata Kanakaratna Rama Kishoreu S/o Parusurama Rao Aged About 50 years, D.No.10-12-8,4th Floor, Kancherla, Paradise, SBI Upstairs, Ram Nagar, Visakhapatnam-530002.

5. Sravanam Anusha, , W/o Sravanam Venkata Kanakaratna Rama Kishore, Aged about 50 years, D.No.10-12-8,4th Floor, Kancherla, Paradise, SBI Upstairs, Ram Nagar, Visakhapatnam-530002.

Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the a'ffidavit filed therewith, the High Court may be pleased to l'ssue an appropriate writ order or direction more particularly one in the writ of mandamus declaring the action of 1 to 3 respondent bank in ini{I'atI'ng and continuing any proceedings under the provisions of the SARFAESI Act to dispossess me from my property a residential house bearing D.No.27-1-14-/1 covered by S.No.119/ll of an extent of 278 Sq.yards of Chinagan{yada Village, Peddagantyada SRO, GVMC, Gajuwaka, Visakhapatnam, which is in my possession and enjoyment under the registered mortgage deed dt.31.12.2020 executed by the 4th respondent which has got precedence over the respondent banks claimed equital mortgage which is not registered either wI|th the Central registry under Section 2O of SARFAESI Act or under the provisions of the RegistratI'On Act as illegal, arbitrary, unjust, without competence, authority, jurisdictI'On Or any legal sanction and to consequently direct 1 to 3 respondents not to dispossess me from the said property in any manner whatsoever including by way of resorting to the provisions of the SARFAESI Act .

IANO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petitI'On, the High Court may be Pleased tO Pass an interim direction directing the respondents 1 to 3 not to dispossess me from the property a residential house bearing D.No.27-1-14/1 covered by S.No.119/ll of an extent of 278 Sq.yards of ChI-nagantyada Village, Peddagantyada SRO, GVMC, GaJ'uWaka, Visakhapatnam, which is in my possession and enjoyment in any manner whatsoever including under the Provisions Of the SARFAESI Act ., pending disposal of WP No. 10839 of 2025, on the file of the High Court.

The petition com,-ng on for hearing, upon perusing the writ petition and the affidavit filed l'n support thereof and the earlier Order of the High Court dated 25.04.2025 made herein and upon hearI'ng the arguments of Sri K SARVA BHOUMA RAO, Advocate for the petitioner and of srI'. K B RAMANNA DORA Advocate for the Respondents, t/hI e court made the following ORDER [c Await service of responclent Mos. 4 & 5.

Learned counsel for the respondent bank seeks time for fI-ling response.

List on 28.07.2025.

Interim order granted earlier shall stand extended till the next date of hearing|" ^h, . I..I.^`-_,+.1#{|:..==.:,,..-d`-u,.£``c`-I

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