APHC010090752026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3558]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5125/2026 Between:

1. S ATTI VENKATA LAKSHMI,, W/O LATE SRI SATTI PADMANABHA MURTHY, AGED ABOUT 60 YEARS, R/O D.NO.3-242/3, SPINNING MILL COLONY-2, LALACHERUVU APHB COLONY, RAJAMAHENDRAVARAM (URBAN), EAST GODAVARI DISTRICT -

533106.

...PETITIONER AND

1. C ANARA BANK, REP. BY ITS AUTHORISED OFFICER, ELURU BRANCH, KORRAPAVARI STREET, POWERPET, ELURU - 534002, WEST GODAVARI DISTRICT.

2. M /S ADI VISHNU CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER, SRI SATTI PANDU RANGA VITTAL, S/O LATE SRI SATTI PADMANABHA MURTHY, AGED ABOUT 42 YEARS, R/O D.NO.3-242/3, SPINNING MILL COLONY-2 LALACHERUVU APHB COLONY, RAJAMAHENDRAVARAM (URBAN), EAST GODAVARI DISTRICT - 533106. ...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 toprayed that the Honble High Court be pleased to Issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondent Bank in initiating and continuing SARFAESI proceedings, including issuance of the Auction Sale Notice dated 14.01.2026 and the proposed e-auction scheduled on 27.02.2026, against a deceased second guarantor who expired on 21.06.2021, to be illegal, arbitrary, and contrary to the mandatory provisions of law and Consequently to stay all further proceedings, including the e- auction scheduled on 27.02.2026, pursuant to the impugned Auction Sale Notice dated 14.01.2026, pending disposal of the writ petition 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 stay all further proceedings, including the e-auction scheduled on 27.02.2026, pursuant to the impugned Auction Sale Notice dated 14.01.2026, pending disposal of the writ petition and pass such Counsel for the Petitioner:

1. SRINIVAS MANCHANAPALLI Counsel for the Respondent(S):

1.

AND WRIT PETITION NO: 5125/2026 ORDER: (Per Sri Justice Cheekati Manavendranath Roy)

Heard Sri Srinivas Manchanapalli, the learned counsel for the petitioner and Sri Prudhvi Raj, the learned Standing Counsel for the 1^st respondent Bank.

2. The 2^nd respondent is the borrower, who availed loan from the 1^st respondent Bank. The petitioner and her husband stood as guarantors for the said loan and they offered their immovable property as security for repayment of the loan amount. As the 2^nd respondent committed default in repayment of the loan amount, the 1^st respondent Bank initiated measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) and issued notice under Section 13(2) of the SARFAESI Act. Alleging that the other guarantor, who is the husband of the petitioner died and without issuing any notice to the legal heirs of the deceased guarantor, the Bank has initiated proceedings by issuing sale notice, the present writ petition has been filed.

3. The legal heir of the deceased guarantor did not challenge the said sale notice. It is only the other co-guarantor who has filed the said writ petition. Further, even on that ground, the petitioner got an efficacious remedy of challenging the said proceedings before the Debt Recovery Tribunal (DRT) which is an appropriate forum constituted under the special mechanism for redressal of the said grievance. But, without approaching the Tribunal, the petitioner has invoked the writ jurisdiction of this Court. Therefore, we are not inclined to entertain the writ petition.

4. Resultantly, the Writ Petition is disposed of with a direction to the petitione