THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSIONS NOTICE DATED 29.01.2026 IN BEARING REFERENCE NO.416/ARMBK/PN/4447883000014/03/2026 ISSUED BY THE RESPONDENT BANK IN RESPECT OF THE PROPERTY REFERRED THEREIN AT ANNX-A AND NOT TO TAKE ANY OTHER FURTHER PROCEEDINGS/ STEPS UNDER SECTION 13 (8) OF THE SARFA AND ESI ACT 2002 BY THE RESPONDENT BANK IN RESPECT OF THE SAID PROPERTY BELONGING TO THE PETITIONER NO. 2 REFERRED IN THE IMPUGNED NOTICE AS AFORESAID PENDING DISPOSAL OF THIS WRIT PETITION AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following prayers:

"Wherefore, the petitioners above named humbly pray that this Hon’ble Court may be pleased to;

a. To quash the possessions notice dated 29.01.2026 in bearing reference No.416/ARMBK/PN/4447883000014/03/2026 issued by the respondent bank in respect of the property referred therein at Annexure-A and not to take any other further proceedings/steps under section 13 (8) of the SARFA and ESI Act 2002 by the respondent bank in respect of the said property belonging to the petitioner No.2 referred in the impugned notice as aforesaid pending disposal of this writ petition.

b. Issue a writ of certiorari or any other appropriate order of direction to the respondent to consider the OTS period by granting 6 months’ time and to clear the dues to the respondent bank and the said property is the only property acquired by the petitioner No.2 for their dwelling purpose to have their own house to put up construction and if the respondent bank is trying take possession of the said property and further steps without obtaining proper valuation report from the competent or approved valuer pertaining the aforesaid property referred in the impugned notice dated 29.01.2026 on the market value and the same will be against to the principles of natural justice.

c. And to pass such other order as this Hon’ble Court deems fit to pass in the circumstances of the case in the abovce case as this Hon’ble Court deems fit to pass in the interest of justice and equity."

In this writ petition, the petitioners have questioned the possession notice dated 29.01.2026 and also raised several grounds. The learned counsel appearing for the Bank submits that they have withdrawn all the earlier proceedings initiated against the petitioner and they have issued Demand Notice under Section 13(2) of SARFAESI Act on 02.03.2026. The petitioner has so far not given any reply to the same. Considering the fact that the impugned notice is withdrawn by the respondent Bank, nothing survives for consideration in this writ petition. In that view of the matter, this Court is passing the following:

ORDER

i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to give reply to the Demand Notice under Section 13(2) of SARFAESI Act dated 02.03.2026.

ii. All pending I.As., in the writ petition shall stand closed.