Andhra Pradesh High Court - Amravati
Dyvala Vijaya Lakshmi vs The Union Of India on 15 December, 2025
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV/m^
(SPECIAL ORIGINAL JURISDICTION)
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MONDAY, THE FIFTEENTH DAY OF DECEMBER,
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
AND
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION NO: 14161 OF 2025
Between:
1. Dyvala Vijaya Lakshmi, W/o. Sambasiva Rao, aged 49 years, Occ:
House Wife, T.S.No.33, D.No. 21-12-4, Flat No. 202, Radha Krishna
Enclave, Ward, 7^^ Block, Tenali, Guntur District.
2. Dyvala Sambasiva Rao, S/o. D Ramaiah, aged 52 years, Occ: Business
th
T.S.No. 336, D.No.21-12-4, Flat No. 202, Radha Krishna Enclave, 8
Ward, 7*^ Block, Tenali, Guntur District.
...Petitioners
AND
1. The Union of India, Rep.by its Secretary, Department of Financial
Services, Ministry of Finance, Jeevan Deep Building Sanad Marg, New
Delhi 110001.
2. Central Bank of India, Rep. by its Managing Director and CEO,
Chandermukhi, Nariman Point, Mumbai-400021 Maharashtra.
3. The Branch Manager, Regional Office, S**" Floor, Standard Building,
Bommidala Complex, Nagarampalem, Guntur.
4. Central Bank of India, Rep.by its Branch Manager, R/o. D.No. 21 1 60
Near Devi Chowk, JandhyalaVari Street, Ramalingeswara pet, Tenali,
Guntur District.
5. Sri K.Ramesh Babu, S/o Not Known Appointed as an Advocate
Commissioner Crl.M.P.No. 451/2025 Advocate, Guntur Court.
...Respondents
Petition under Article 226 of the Constitution of India is filed 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 of WRIT OF MANDAMUS declaring the action of 5*^ and 6
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Respondents in making attempts to take over the possession of Petitioners'
secured property i.e. residential Apartment in an extent of 2325 sq. feet
located in TS No. 336, D.no.21-12-4, 8"^ Ward, 7**^ Block, Tenali Municipality,
Tenali, Guntur District, as per the orders of Chief Judicial Magistrate Court,
cum Principal assistant sessions Judge Guntur in CrI.M.P. No. 451/2025
through the 5*^ Respondent, and E- auction scheduled on 20.06.2025 issued
by 4'^ respondent as illegal, irregular, irrational and against principles of
natural justice, violative of provision of the Securitization and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules
framed thereunder and offends Articles 14, 21 and 300-A of Constitution of
India and consequently direct the respondents not interfere with possession of
petitioners over their secured assets till the pending S.A is decided by the
Debts f^ecovery Tribunal, Visakhapatnam.
lA NO: 1 OF 2025
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to Order stay of operation of order dt. 29.05.2025 in
CrI.M.P.No. 451/2025 on the file court of learned Principal Assistant Session
Judge cum-Chief Judicial Magistrate, Guntur and consequently direct the
respondents 2 to 5 not to interfere with possession of petitioners over
petitioners residential Apartment in an extent of 2325 sq. feet located in TS
No. 336, D.no.21-12-4, 8'*^ Ward, 7**^ Block, Tenali Municipality, Tenali, Guntur
District, pending disposal of WP 14161 of 2025, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the earlier order of the High Court dated
05.06.2025, 26.06.2025, 10.07.2025 & 22.11.2025 made herein and upon
hearing the arguments of M/s Nimmagadda Revathi, Advocate for the
■O' . 'S'
Petitioners and of The Additional Solicitor General of India for Respondent
No.1 and Sri D. Prakasam Reddy, Advocate for the Respondent Nos.2 to 4,
the Court made the following;
ORDER:
At request of learned counsel for the respondents, for filing counter affidavit, list the matter on 05.01.2026.
Interim order granted earlier is extended till then.
SD/-U.Sm depu //TRUE COPY// To,
1. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC]
2. One CC to The Additional Solicitor General of India [OPUC]
3. One CC to Sri Prakasam Reddy D, Advocate [OPUC]
4. Two spare copies HIGH COURT CMR,J & GTK,J DATED: 15/12/2025 LIST THE MATTER ON 05.01.2026 ORDER WP.No.14161 of 2025 INTERIM ORDER EXTENDED