APHC010079212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3572]

(Special Original Jurisdiction)

MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 4410/2026 Between:

1. S MT. VUTUKURI LAKSHMI SAILAJA, W/O. V. SATYANARAYANA, AGED ABOUT 41 YEARS R/O D.NO.7-17-34, 6TH LANE SRINAGAR, GUNTUR GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND

1. H DB FINANCIAL SERVICES LIMITED, REP. BY ITS AUTHORIZED OFFICER / LEGAL MANAGER SRI D.B.K. NAIK, S/O D.M.S. NAIK D.NO.76-8-10/1, FLAT NO.04 BHAVANI TOWERS, BESIDE UNION BANK OF INDIA BHAVANIPATNAM, VIJAYAWADA KRISHNA DISTRICT, ANDHRA PRADESH - 520012

2. M /S ASHA TRADERS, REPRESENTED BY ITS AUTHORIZED PERSON MR. SHAIK KHALEEL, D.NO.15-6-6, SHOP NO.7 ITUKULA BATTILA ROAD, OLD GUNTUR, GUNTUR - 522001.

3. S HEIK SALMA, W/O. SK. KHALEEL, AGE NOT KNOWN FLAT NO.5A, PUNNAIAH PRIDE APARTMENTS 6/3 CHANDRAMOULI NAGAR, GUNTUR - 522006

4. S HAIK KHALEEL, S/O. SK. MOULALI, AGED ABOUT 46 YEARS FLAT NO.5A, PUNNAIAH PRIDE APARTMENTS 6/3 CHANDRAMOULI NAGAR, GUNTUR - 522006 ...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 topleased to issue a Writ, order or direction more particularly one in the nature of Mandamus declaring the E-Auction Sale Notice dated 27-01- 2026 issued by the 1st respondent under Rule 8(6) read with Rule 9(1) of the SARFAESI Act, 2002, fixing the auction on 17-02-2026 in respect of the property in an extent of 200 square yards together with RCC building bearing D.No. 15-6-2 situated at Old Guntur, Block No.2, New Ward No.17, T.S.No.18, Guntur, as illegal arbitrary, unjust and violative of Articles 14 and 300-A of the Constitution of India, particularly in view of the pendency of S.A.No.45 of 2024 before the Debts Recovery Tribunal, Visakhapatnam and Consequently to set aside the said E-Auction Sale Notice dated 27-01-2026 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 pleased to grant stay of all further proceedings pursuant to the E-Auction Sale Notice dated 27-01-2026 issued by the 1st respondent, including the auction scheduled on 17-02-2026 in respect of the property in an extent of 200 square yards together with RCC building bearing D.No. 15-6-2 situated at Old Guntur, Block No.2, New Ward No.17, T.S.No.18, Guntur, pending disposal of the above Writ Petition Counsel for the Petitioner: 1. ALAPATI LALITH NIKHIL Counsel for the Respondent(S):

1.

The Court made the following:

ORDER :-(per Hon’ble Sri Justice Ravi Nath Tilhari)

Heard Sri A.Lalith Nikhil, learned counsel for the petitioner.

2. On a mention being made in the morning session citing urgency on the ground that the auction is scheduled for tomorrow, we permitted the matter to be taken up by way of Lunch Motion.

3. For the order proposed to be passed, notice to the respondent is dispensed with.

4. Learned counsel for the petitioner submits that the petitioner is not a borrower and had purchased the subject property from the 4^threspondent on 09.10.2014, i.e., prior to the mortgage allegedly created by the

4^threspondent in favour of the 1^strespondent–Bank.

5. Aggrieved by the measures taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.(SARFAESI Act), the petitioner has filed S.A. No.45 of 2024 before the Debts Recovery Tribunal, Visakhapatnam (for short, “the Tribunal”), which is pending consideration. He submits that at the relevant point of time, when S.A., was filed, there was only an order passed by the Chief Judicial Magistrate for issuance of warrant of possession, and the petitioner had sought interim relief in the S.A, which matter is also still pending adjudication.

6. Learned counsel for t