2026:APHC:524 APHC010021462026 IN THE HIGH COURT OF ANDHRA PRADESH [3567]

AT AMARAVATI (Special Original Jurisdiction)

FRIDAY, THE SIXTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 1407/2026 Between:

1. M /S DWARAKA NURSERY, R.S. NO. 276/4C, NEAR DURGA, TEMPLE, BURRILANKA KADIYAM-533126 REPRESENTED BY ITS PROPRIETOR TADALA VENKATESH, S/O NAGESWARA RAO.

2. T ADALA VENKATESH, , S/O NAGESWARA RAO, AGED ABOUT 36 YEARS, R/O. D.NO. 5-38, VINAYAKA GUDI VEEDHI, KADIYAM MANDALAM, BURIILANKA, EAST GODAVARI DISTRICT-533126 ...PETITIONER(S)

AND

1. C ANARA BANK, REPRESENTED BY ITS AUTHORIZED OFFICER, J.N.ROAD BRANCH, RAJAMUNDRY, ANDHRA PRADESH, 533501.

2. T HE DEBT RECOVERY TRIBUNAL, REP. BY ITS REGISTRAR, D.NO 31-32-54, CHITRALAYA ROAD, NEAR LEELA MAHAL ROAD, DABA GARDENS, VISAKHAPATNAM, ANDHRA PRADESH, 530004.

...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 to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of MANDAMUS or any other writ by declaring the inaction of the 2nd respondent in deciding the I.A. No. 156 of 2026 and 157 of 2026 in SA No. 666 of 2025 and the further action of the 1st Respondent / bank in making attempts to take physical possession of the mortgaged property belonging to the 2nd petitioner described in the schedule below through an advocate commissioner pending proceedings before the 2nd Respondent as wholly illegal, arbitrary, unjust, untenable, contrary of Principles of Natural Justice, provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and rules framed there under besides being violative of Article 14, 21 and 300-A of Constitution of India and consequently direct the 1st Respondent to not to take any further coercive steps to take possession of the mortgaged properties of the petitioner till the I.A. No. 156 of 2026 and I.A.No.157 of 2026 in SA No. 666 of 2025 before the Honble Debt Recovery Tribunal, Visakhapatnam is decided and pass such IA NO: 1 OF 2026 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 may be pleased to DIRECT the 1st Respondent to not to take any coercive steps including taking physical possession of the subject property pursuant to notice dated 08.01.2026, till the I.A. No. 156 of 2026 and 157 of 2026 in SA No. 666 of 2025 before the 2nd Respondent are decided and/or pass such Counsel for the Petitioner(S):

1. CKR ASSOCIATES Counsel for the Respondent(S):

1.

The Court made the following:

ORDER:- (Per Hon’ble Sri Justice T.C.D. Sekhar)

1. The petitioners filed SA No.666 of 2025 before the Debt Recovery Tribunal, Visakhapatnam questioning the Demand Notice dated 19.08.2025, Possession Notice dated 30.10.2025 and E-auction notice dated 05.01.2026.

2. It is further case of the petitioners that along with the said SA, they have also filed Interlocutory Application vide IA No.4241 of 2025 seeking to stay all further proceedings including the sale of subject property and also stay of taking physical possession of the property in dispute by the Advocate Commissioner pursuant to notice dated 08.01.2026. The said Interlocutory Application was heard by the Tribunal and the same was adjourned to 06.03.2026 at the instance of the counsel appearing for the respondent-bank.

3. It is further contended by the counsel for the petitioner that taking advantage of the same, the respondents are trying to take possession of the schedule property pursuant to notice dated 08.01.2026 issued by the Advocate Commissioner. In such circumstances the petitioners have filed Interlocutory Applications vide IA Nos.156 and 157 of 2026 seeking to stay of all further proceedings p