SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(AP) 17601

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI


2026:APHC:17579

APHC010199182026


WRIT PETITION NO: 10056 of 2026


Tananki Leela Harika and others ...Petitioner(s)

Vs.

The Union of India and others ...Respondent(s)


CORAM:

HON’BLE MRS JUSTICE LISA GILL

HON’BLE MR JUSTICE TUHIN KUMAR GEDELA


DATE : 21st APRIL, 2026


Present: Mr. K.L.N. Swamy, Advocate for Petitioners.

Mr. Josyula Bhaskar Rao, Central Government Counsel for Respondent No.1.

Mr. T.B.L. Murthy, Advocate for Respondent No.2.

None appears for Respondent Nos.3 and 4.

LISA GILL, J.

1. Petitioners in this Writ Petition have challenged proceedings under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “SARFAESI Act”), initiated by Respondent – Bank.

2. It is submitted that loan facility was availed of by husband of 1st petitioner and father of 2nd and 3rd petitioners (minors). Loan account in question was declared Non Performing Asset (NPA) on 29.09.2024. 1st Petitioner’s husband had passed away on 26.11.2022. Thereafter, notice under Section 13(2) SARFAESI Act was issued to 1st petitioner’s husband, who was since deceased. Therefore, entire proceedings are vitiated.

3. Learned counsel for Respondent No.2–Bank, referring to demand notice, points out that incorrect facts have been mentioned in this Writ Petition, in as much as, notice under Section 13(2) SARFAESI Act was, in fact, issued to petitioners, being legal heirs of borrower on 20.05.2025. Entire proceedings under SARFAESI Act, are being taken in strict compliance with provisions thereunder. Learned counsel for Respondent No.2-Bank further submits that S.A.No.213 of 2026 has also been filed by petitioners, but there is no mention thereof in Writ Petition. When confronted with this, learned counsel for petitioners submits that these facts were not brought to his notice by petitioners.

4. In the present factual matrix, no ground for interference is made out for exercise of jurisdiction under Article 226 of Constitution of India.

5. Accordingly, Writ Petition is dismissed, though with liberty to petitioners to pursue S.A.No.213 of 2026 filed by them, raising all available pleas. We desist from imposing costs in this matter on fervent request of learned counsel for petitioners to effect that the 1st petitioner is a widow and 2nd and 3rd petitioners are minor children. Pending application(s), if any, stand(s) disposed of accordingly.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top