Andhra Pradesh High Court - Amravati
Kondiboyina Kalyan Chakravarthy vs Union Of India on 26 September, 2025
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER,
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
THE HONOURABLE SRI DHIRAJ SINGH THAKUR, CHIEF JUSTICE
AND
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
WRIT PETITION NO: 26704 OF 2025
Between:
Kondiboyina Kalyan Chakravarthy, S/o Jayachandra Raju, aged about 49
years, R/o D.No.30-20/1-17, Kotilingam Vari Street, Seetharampuram,
Vijayawada - 520 002
...PetitioL er
AND
1. Union Of India, rep., by it's Secretary, Ministry of Finance, New Delhi -
110 001
2. M/s IKF Finance Ltd., rep., by its Authorized Officer, O/o D.No.40-1-144,
Corporate Center, M.G. Road, Vijayawada - 520 010
3. SBI RACPC-II, rep., by its Branch Manager, Ramachandra Nagar F^d,
Siddhartha Nagar, Benz Circle, Vijayawada - 520 010
4. M/s Prasad Constructions, rep., by its Prop., Chagantipati Prasad, ag^d
about 49 years, R/o D.No.2-18, Ramalayam St., Ramavarappadu,
Vijayawada - 521 108
5. Chagantipati Prasad, S/o Venkateswara Rao, aged about 49 years, R/o
D.No.2-18, Ramalayam St. FRamavarappadu, Vijayawada - 521 108
...Respondents
WHEREAS the Petitioner above named through his Advocate Sri Pothina Gagan Karthik presented this Petition under Article 226 of t|ie Constitution of India is filed praying that in the circumstances stated in t ie affidavit filed therewith, the High Court may be pleased pleased to issue a writ / order or direction particularly in the nature writ of Mandamus declaring the Auction Notice Dt 11.08.2025 issued by the Respondent No.2 under Rule 6(2)/8(6) of the Security Interest (Enforcement) Rules 2002 as violative of Art., 14 and 300-A of the Constitution of India besides being in violation of SARFEASI Act and the Rules on the subject, directing not to proceed further;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Pothina Gagan Karthik, Advocate for the Petitioner and of Additional Solicitor General of India for Respondent No.1, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz:
1. The Secretary, Ministry of Finance, Union Of India, New Delhi - 110 001
2. The Authorized Officer, M/s IKF Finance Ltd., O/o D.No.40-1-144, Corporate Center, M.G. Road, Vijayawada - 520 010
3. The Branch Manager, SBI RACPC-II, Ramachandra Nagar Rd, Siddhartha Nagar, Benz Circle, Vijayawada - 520 010
4. The Prop., Chagantipati Prasad, M/s Prasad Constructions, aged about 49 years, R/o D.No.2-18, Ramalayam St., Ramavarappadu, Vijayawada
-521 108
5. Chagantipati Prasad, S/o Vehkateswara Rao, aged about 49 years, R/o D.No.2-18, Ramalayam St. Ramavarappadu, Vijayawada - 521 108 be and hereby are directed to show cause, either appearing in person or through Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should hot be admitted on or before 22.12.2025, on which date the case stands posted for hearing.
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 direct the Respondent No.2 not to conduct Auc^tion vide the Auction Notice Dt: 11.08.2025 issued under Rule 6(2)/8(6) of the Security Interest (Enforcement) Rules 2002, pending disposal of WP No. 26704 of 2025, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
"Learned counsel for the petitioner states that the proceedings initiated under the SARFAESI Act by respondent No.2 are unsustainable inasmuch as no notice under Section 13(2) was ever issued to the petitioner.
Issue notice to the respondents, returnable on 22.12.2025. Personal notice on respondents is permitted. Liston 22.12.2025.
Further proceedings under the SARFAESI Act shall remain stayed till the next date of hearing.
jj
SDI- U. SRIDEVI
//TRUE COPY// ASSISTANT^^STRAR
SECTION OFFICER
To,
1. The Secretary, Ministry of Finance, Union Of India, New Delhi - 110 001
2. The Authorized Officer, M/s IKF Finance Ltd., O/o D.No.40-1-144, Corporate Center, M.G. Road, Vijayawada - 520 010
3. The Branch Manager, SBI RACPC-II, Ramachandra Nagar Rd, Siddhartha Nagar, Benz Circle, Vijayawada - 520 010
4. The Prop., Chagantipati Prasad, M/s Prasad Constructions, aged aboLt 49 years, R/o D.No.2-18, Ramalayam St., Ramavarappadu, Vijayawada
-521 108
5. Chagantipati Prasad, S/o Venkateswara Rao, aged about 49 years, F/o D.No.2-18, Ramalayam St. Ramavarappadu, Vijayawada - 521 1C 8. (Addressee Nos. 1 to 5 by^ RPAD- along with a copy of petition and affidavit) / 6 One CC to Sri Pothina Gagan Karthik, Advocate [OPUC] 7 One CC to Additional Solicitor General of India [OPUC]
8. One spare copy.
PSD HIGH COURT HC,J & RRR,J DATE:26/09/2025 NOTE: LIST ON 22.12.2025 NOTICE BEFORE ADMISSION WP.No.26704 of 2025 STAY