Andhra Pradesh High Court - Amravati
Syed Mahmud vs The State Bank Of India on 16 June, 2025
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE SIXTEENTH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HON'BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR
AND
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI .
WRIT PETITION NO: 13638 OF 2025
Between:
Syed Mahmud, S/o. late Syed Akbar, Aged about 46 years, Occ: Business,
Residing at D. No. 77-51/1A-17, Payakapuram village Vijayawada Municipal
Corporation limits, Vijayawada, Krishna District.
...PETITIONER
AND
1, The State Bank of India, Gollapudi Branch - 05653, Vijayawada -
520012, NTR District, represented by its branch manager.
2. Thp State of Bank of India., Home loan Centre -II (RACPC 11-21017),
Door No. 59-13-4, Ghantasala Vari Street, Gayathri Nagar,
Viajayawada - 520008, A.P Rep. by its Authorized Signatory under
SARFAESI Act.
...RESPONDENTS
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 of Writ of Mandamus, declaring the action of the Respondents in
taking steps to dispossess the petitioner and his family members from the
RCC building bearing door No. 77-51/1 A-17, situated in Sy. No. 71/1,2 and
3 and Sy. No. 72/1, ward no. 18, Payakapuram village, Vijayawada
Municipal Corporation limits, Vijayawada, Krishna District under the guise of
SARFAESI proceedings without considering my representations and
requests as being illegal, unfair, arbitrary and apart from violative of
principles of natural justice and violative of Articles 14, 19, 21 and 300-Aof
the Constitution of India and consequently direct the respondent authorities
not to dispossess the petitioner from the subject land.
lA NO: 1 OF 2025
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 authorities not to dispossess the petitioner
and his family members from the RCC building bearing door No. 77-51/1A-
17, situated in Sy. No. 71/1,2 and 3 and Sy. No. 72/1, ward no.18,
Payakapuram village, Vijayawada Municipal Corporation limits, Vijayawada,
Krishna District.
Counsel for the Petitioner: SRI CHILUKURI KARTHIK REPRESENTING
SRI V NITESH
Counsel for the Respondents: --
The Court made the following: ORDER
%
APHC010240492025 Bench Sr.No:-15
IN THE HIGH COURT OF ANDHRA PRADESH
[3483]
AT AMARAVATI
p r*. ur*
■JMfc-S
r WRIT PETITION NO: 13638 of 2025
Syed Mahmud ...Petitioner
Vs.
The State Bank of India and another ...Respondents
**********
Advocate for Petitioner Sri Chilukuri Karthik, learned counsel
representing Sri V. Nitesh.
Advocate for Respondents None
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE RAVI CHEEMALAPATI
DATE : 16th June 2025
P C :
The petitioner claims that he is residing in the property which is a
secured asset as a tenant based upon an oral tenancy.
2. It is stated that the petitioner is sought to be evicted from the premises
in question under the provisions of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI
Act), which has been invoked by the respondent bank. It is stated that the
petitioner cannot be evicted in view of he being a tenant in the premises in
question.
3. In view of the fact that the SARFAESI Act provides an effective
alternate remedy by way of an appeal before the Debts Recovery Tribunal,
2
which can very well be availed by the petitioner, we do not find any reason to
interfere at this stage by invoking our extraordinary jurisdiction considering the
ratio of the judgments rendered by the Apex Court in Radha Krishan
Industries v. State of H.P./ and United Bank of India vs. Satyawati
Tondon^.
4. Accordingly, the Writ Petition is dismissed with liberty to the petitioner to
avail the alternate remedy. No costs.
Pending miscellaneous applications, if any, shall stand closed.
^ (2021) 6 see 771
^ [(2010)8 see 110 : 2010 INSe 428]
Sd/- A. VIJAYA BABU
//TRUE COPY// ASSISTANT REGISTRAR
SECTION OFFICER
To,
1. One CC to Sri V Nitesh, Advocate [OPUC]
2. Three CD Copies
TF
HIGH COURT
DATED:16/06/2025
ORDER
WP.No.13638 of 2025
DISMISSING THE W.P., WITHOUT COSTS