Andhra Pradesh High Court - Amravati
Sri Krishna Poultry Farm vs The Union Of India on 24 July, 2025
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY, THE TWENTY FOURTH DAY OF JULY, gr
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
THE HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE #
AND
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO gr
WRITPETITION NO: 19049OF2025 #
Between:
1. Sri Krishna Poultry Farm, Rep. By its Managing Partner, Manda
Krishna Rao, S/o. Sattiyya, aged 39 years, Occ Business, R/o. 6-
118, Pothavaram Village, Nallajerla Mandal, East Godavari District.
2. Manda Krishna Rao, S/o. Sattl'yya, aged 39 years, Occ Business,
R/o. 6-118, Pothavaram Village, Nallajerla MandaI, East Godavari
District.
...Petl-tioners #
AND
1. The Union of India, by its Secretary, Department of Financial
Services, Ministry of Finance, Jeevan Deep Building, Sanad Marg,
New Delhi-110001.
2. The Regional Director, Reserve Bank of India,1st & 3rd FIoors, # 6-1_
56, Secretariat Road, Saifabad, Hyderabad-500004.
3. The Regional Manager, Central Bank of India, Floor, MG. Road,
Opp. Reliance Trends, Benz Circle Vijayawada, NTR District.
Erstwhile Krishna District.
4. The Chief Manager/Authorized Officer, Central Bank of India, Junilee
Road, Tadepalligudem-Branch, 534101, West Godavari District.
...Respondents
WHEREAS the Petitioners above named through theI'r Advocate Sri
PALA KARTHI KIRAN presented this petition under Article 226 of the
Constitution of India praying that in the circumstances stated in the affl-davit
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 Possession Notice, dt.10.07.2025 issued by the 4th
Respondent under sub sectl'on (4) of Se'ction 13 of the SecurI-tiZatiOn and
Reconstruction of Financial Assets and Enforcement of security Interest
(in Short SARFAESI) Act, 2002 without considering petitioners objections
submitted on o2.07.2025, under Section 13 (3-A) of said Act, as illegal,
irregular, irrational and in contra,veniion of decision made the Hon'ble ``
Supreme Court 'ln "ITC Ltd. v. Blue Coast Hotels Ltd., 2018 SCC Online
SC 237" and offends Articles 14, 21 and 300-A of the Constitution of India
and consequently direct the IRespondents, more particularly 4th
Respondent not to interfere with petitioners possessl'on over theI|r Secured
assets;
AND WHEREAS the High Court upon`perusing the petition and
affidavit filed herein and upon hearing the arguments of sri pala Karthi
Ei
Kiran, Advocate for the petitioners''and Additional Solicitor General for the
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, Union of India, Department of Financial Services,
Ministry of Finance, Jeevan Deep BuildI-ng, Sanad Marg, New Delhi-
110001.
2. The Regional Director, Reserve Bank of India,1St &'3rd Floors, # 6_1_
56, Secretariat Road, Saifabad, Hyderabad-500004.
3 The Regional Manager, Central Bank of lndlaq,7¥Toor, MG Road,
opp. Reliance Trends, BenZ c'IrCle Vijayawada, NTR District.
Erstwhile Krishna District.
4. The Chief Manager/Authorized Officer, Central Bank of India, Junilee
Road, Tadepalligudem-Branch, 534101, West Godavari District.
are be and hereby directed to show cause either appearing in person or
through an Advocate, as to why in the circumstances set out in the petition
and the affidavit filed therewith (copy enclosed) this WRIT PETITION
should not be admitted 18.09.2025 for which date the case stands posted
for hearing;
IANO: 1 OF2025:
Petition under Section 1..5'1 CPC is filed praying that in the
/I
circu.mstances stated in the affidavit filed in support of the writ petition, the
High Court may be pleased to. suspend the operation of Possession
Notice, dt.10.07.2025 issued by the 4th Respondent, pending disposal of
WP No.19049 of 2025, on the file of the High Court.
The Court made the following:..
ORDER:
f£The case of the petitioll-erS iS that Objections tO 1:h6 notice issued under Section 13(2) of the SARFAESI Act were not considered by the respondent bank.
Issue notice to the respon``dents. Service of personal notic_e,:is permitted. List on 18.09.2025.
!n the meantime, sfaft,s q«o be maintainec! with regarcl to possession of the petitioners over the secured asset."
BABU
sD/- 6\s+R^R
ASStS
//TRUE COPY//
F\CER
For sE
To,
1. The Secretary, union of India, Department of Financial ServI-CeS, MinI'Stry Of Finance, Jeevan Deep Building, Sanad Marg, New Delhi-
110001-
2. The Regl-onal Director, Reserve Bank of India,1St & 3rd FIoors, # 6_1_ 56, Secretariat Road, SaI'fabad, Hyderabad-500004.
3. The Regional Manager, central Bank of India, FIoor, MG. Road, Opp. Reliance Trends, Benz Circle Vijayawada, NTR District. Ers{whI-le Krishna District.
4. The Chief Manager/Authorized officer, central Bank of India, Junilee (RAOdaddr::saedee pNa:I:glu :oe I-b; r:npcAhb_5 ::olnOgl JYheastcGo:;aovfapr:I:tllSot:I Catn d # affI'daVit)
5. One CC to Sri. Pala Karfhi Kiran, Advocate [opuc] Z^
6. One CC toAdditjonaI SoJicitorGeneraI, Hl-gh CourtofAP [OPUC] /
7. Two spare copies MM a \
-\ '` i I.,a 1 HIGH COURT DATED : 24/07/2025 LIST ON 18.09.2025 NOTICE BEFORE ADMISSION WP.No.19049 of 2025 STATUS QUO