APHC010124932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3558]

(Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 6726/2026 Between:

1. G .N. SUDHAKARAN,, S/O. G. NAGI REDDY, AGED ABOUT 58 YEARS, D.NO. 19-240/18, VIGNESWARA NAGAR, MITTOOR, CHITTOOR TOWN, POST AND MANDAL CHITTOOR DISTRICT ...PETITIONER AND

1. U NION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF FINANCE, SANSAD MARG, NEW DELHI. 110001.

2. T HE AUTHORISED OFFICER, AXIS BANK LTD. SOUTH ZONAL OFFICE/BRANCH AT D.NO.24- 16,17 AND18, GANDHI ROAD, PRODDATUR, KADAPA-516360.

3. A XIS BANK LTD, REP. BY ITS BRANCH MANAGER CHITTOOR, OFFICE AT D.NO.10/199 TMR TOWERS, GANDHI ROAD, THOTAPALYAM, CHITTOOR, AP-517001

4. A XIS BANK LTD, CIRCLE NODAL OFFICE, PLOT NO.41, SESHADRI ROAD, ANAND RAO CIRCLE, BANGLORE- 560009

5. C H MADHUSUDHAN, S/O C.H. SUBRAMANYAM, AGED ABOUT 54 YEARS. DOCTOR, KONGAREDDYPALLI, CHITTOOR TOWN AND MANDAL, CHITTOOR DISTRICT.517001 ...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, declaring the E-Auction Sale Notice dated 17.02.2026 for the schedule property issued by the respondents 2 to 4, without there being any mortgage over the schedule property, as arbitrary, illegal, fraudulent, unjust, misuse and abuse of power, violative of the statutory provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and rules made thereunder, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently set aside the E-Auction Sale Notice dated 17.02.2026 issued by the respondent no.2 to 4 for the schedule property 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 to stay all further proceedings pursuant to e-auction sale notice dated 17.02.2026 issued by the respondents 2 to 4 with respect to the subject schedule property, pending disposal of the above Writ Petition Counsel for the Petitioner:

1. PAWAN KUMAR MALAPATI Counsel for the Respondent(S):

1.

The Court made the following:

ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

Heard learned counsel for the petitioner.

2. The 5^th respondent is the principal borrower, who availed loan from the 3^rd respondent-Bank by mortgaging his immovable property as security for repayment of the loan amount. Owing to the fact that he committed default in repayment of the loan amount, the bank has initiated measures under the SARFAESI Act to sell the secured asset along with another property, to recover the loan amount.

3. The petitioner is a third party to the said loan transaction. He claims to have entered into an agreement of sale with the 5^th respondent in respect of the sale of another property which is now sought to be sold by the bank, which is not the secured asset. But when the petitioner is only the agreement holder, he does not have any right or title in respect of the said property till a regular registered sale is executed in his favour in respect of the said property. Therefore, he cannot challenge the proceedings initiated by the bank in his capacity as an agreement holder. Therefore, the writ petition is devoid of merit.

4. Resultantly, the Writ Petition is dismissed. There shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any, shall stand closed.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 10.03.2