Andhra Pradesh High Court - Amravati
Majeti Venkateswara Rao vs M/S. Union Bank Of India on 3 July, 2025
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
V
Si
APHC010327552025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
HON'BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE
AND
HON'BLE SRI JUSTICE R RAGHUNANDAN RAO
WRIT PETITION NO: 16363 OF 2025
Between:
Majeti Venkateswara Rao, S/o. Ramachandrarao Aged about 60 years,
Occ: Business, R/o. 2-34, Main Road, Pullalapadu, Nallajerla, West
Godavari, Andhra Pradesh - 534112.
...Petitioner
AND
M/s Union Bank of India, Rep. by its Chief Manager/Authorized Officer,
Polasanipalli Branch, Main Road Highway, Bhimadole Junction,
Polasanipalli, A.P. - 534425.
...Respondent
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 or any other appropriate writ declaring that the action of
the advocate commissioner taking the physical possession of the schedule
property by affixing the warrant notice dated 29.05.2025 on the file of Hon'ble
Chief Judicial Magistrate - Cum - Principal Civil Judge (Senior Division) at
Eluru, West Godavari District on the schedule premises without giving notice
due to which the petitioner lost his opportunity to approach appropriate legal
tforum, while keeping perishable goods in the schedule premises as arbitrary,
unlawful, violative of Article 14 of the Constitution of India and violative of
principles of fairness, against the fundamental rights guaranteed under the
Constitution of India and consequently set aside the advocate commissioner
notice dated 29.05.2025 and all other concomitant proceedings.
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
permit the petitioner to take the perishable goods where the respondent bank
has no right to seize as the stock are not mortgaged to thern and other
required materials from the schedule premises.
lA NO: 2 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
restore the possession to the petitioner not depriving the Petitioner from eking
out his livelihood.
Counsel for the Petitioner: SRI BONDILI RAVIKIRAN SINGH
Counsel for the Respondent: M/s V DYUMANI
The Court made the following order:
Bench Sr.No:-10
APHC010327552025
IN THE HIGH COURT OF ANDHRA PRADESH [3446]
AT AMARAVATI
B WRIT PETITION NO: 16363 of 2025
...Petitioner
Sri Majeti Venkateswara Rao
Vs.
M/s. Union Bank of India ...Respondent
**********
Advocate for petitioner Sri Bondili Ravikiran Singh
Advocate for respondent Smt V. Dyumani
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE R. RAGHUNANDAN RAO
DATE : 3rd July 2025
PC:
Proceedings under the Securitization and Reconstruction of Financial
Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act)
have been challenged by the petitioner.
2. The petitioner is already out of possession of the secured asset. It will
be open to the petitioner to avail the alternate remedy by way of an appeal
before the Debts Recovery Tribunal. 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^.
^ (2021) 6 see 771
^[{2010)8 see 110 ; 2010 INSe 428]
2
3. Accordingly, the Writ Petition is dismissed. No costs.
Pending miscellaneous applications, if any, shall stand closed.
Sd/- M. SRINIVAS
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To
1. One CC to Sri. Bondili Ravikiran Singh Advocate [OPUC]
2. One CC to M/s V Dyumani Advocate [OPUC]
3. Three CD Copies
GSC
¥
HIGH COURT
DATED:03/07/2025
ORDER
WP NO. 16363 OF 2025 DISMISSING THE WP WITHOUT COSTS