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2026:APHC:11825 APHC010151332026

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

(Special Original Jurisdiction)

MONDAY, THE TWENTY THIRD 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: 7938/2026

Between:

1. K ORADA DEEPAMANI, W/O VV S S RAMA GOPAL, AGED 53 YEARS OCC BUSINESS, R/O. D. NO. 8-52-2, OLD CBI DOWN, CHINA

WALTAIRR, VISAKHAPATNAM - 530 017.

2. K ORADA VEERA VENKATA SATYA SANKARA RAMA GOPAL,, S/O.

LATE RAMA RAO, R/O. D. NO. 8-52-2, OLD CBI DOWN CHINA WALTAIR, VISAKHAPATNAM - 530 017.

...PETITIONER(S)

AND

1. T HE AUTHORIZED OFFICER, UNION BANK OF INDIA, ASSET RECOVERY BRANCH, D. NO. 26-15-150, ANDHRA BANK BUILDING,

CHANGALRAOPETA, VISAKHAPATNAM - 530001.

2. T HE BRANCH MANAGER, UNION BANK OF INDIA, DWARAKANAGAR BRANCH, VISHAKHAPATNAM - 530016.

3. D IBBIDI SANYASINAIDU, S/O. PALAVELLI, R/O. DOOR NO 27-

214/3/1, LOTUS APARTMENT, APPANNAPALEM, VEPAGUNTA, SIMHACHALAM, VISHAKHAPATNAM - 530047.

...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 a Writ, Order or Direction more particularly one in the nature

2 CMR,J &2 G02T6K:A,JP HC:11825

W.P.No.7938 of 2026

of WRIT OF mandamus declaring the action of the Respondents 1 AND 2 sale of immovable properties by way of E- auction sale Notice under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act.2002 R/w proviso to Rules 8(6) of the Security Interest site measuring 103.33 Sq. yrds or 86.39 Sq. Mts., having 2160 Sft., being undivided and unspecified share out of total extent of 310 Sq. yrds or 259.92 Sq.Mts., together with RCC Building measuring 2160 Sft., entire Second Floor and Car parking measuring 100 Sft., bearing Plot No.246, Block No. 13, Situated at Old D. No. 8-54-1, New Door No.8-52-2/1, AssessmenHslo. 10000210368, with electrical service connection. Covered by T.S. No. 102 in China Waltair area, Visakhapatnam Municipal Corporation in the Registration Sub-District of Visakhapatnam.is arbitrary, illegal and violation of the Act and also violation of the principles of natural justice and consequently set aside

the same and such other suitable orders, and pass 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 direct the Respondent bank not to Registration Sale Certificate to any 3RD Party/Parties/Auction Purchaser in pursuance of sale conducted on 27-02- 2026 pertaining to the alleged E-Auction Sale Notice dated 03-02-2026, of Immovable Secured Assets under SARFAESI Act, 2002 read with Proviso to Rule 8 (6) of The Security Interest (Enforcement) Rules, 2002., pending

disposal of the above Writ Petition and pass Counsel for the Petitioner(S):

1. JONNALAGADDA RAMA MOHAN Counsel for the Respondent(S):

1. V DYUMANI

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W.P.No.7938 of 2026

The Court made the following:

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

Heard Mr. J.Rama Mohan, learned counsel for the petitioners and Mrs. V.Dyumani, learned Standing Counsel for Bank appearing for respondent

Nos.1 and 2.

2. As this writ petition is being disposed of with a direction to the petitioners to approach the Debts Recovery Tribunal where the main securitization application is pending, challenging the measures initiated by the

Bank, notice to respondent No.3 is dispensed with.

3. The petitioners are the principal borrowers, who availed loan from the 2^nd respondent-Bank. They offered their property as security for repayment of the loan amount. Owing to the fact that they committed default in repayment of the loan amount, the Bank has initiated measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (