IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATE

TUESDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO : PRESENT:

THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 22288 OF 2022

Between:

S.

• 1. T.Ajay Kumar, S/o Prasada Rao, Hindu, aged about 60 years, Occ. Business, R/o Door No. 2-7-22, Stambala Garuvu main road, Guntur, Guntur District.
• 2. Shaik Akbar Ali, S/o late Shaik Masthan, Muslim, aged about 60 years, Occ. Business, R/o Door No. 7-8-26, 4th lane, Kakumanuvari thota, Guntur, Guntur District.

Petitioner

13206

AND

State Bank of India, Bheemavaram Branch, Represented by its Authorized Officer/Chief Manager, Main branch, Bheemavaram, West Godavari District.

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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent herein in not handing over the link documents for the Sale Deed executed vide Document No. 2196 of 2010 which was purchased by the Petitioner in the auction conducted under the Securitization and Reconstruction of Financial assets and Enforcement of Security Interest (SARFAESI) Act, 2002 on 28.04.2010 despite issuance of legal notice dated 04.03.2022 as nothing but illegal, arbitrary, high handed and violative of the contractual obligation and nothing but violative of Article 14,21 and 300A of The Constitution of India and consequently direct the Respondent to handover the link document and other documents pertaining to the property purchased by the Petitioners under the SARFAESI Act, for which sale Deed executed vide Document No. 2196 of 2010 dated 28,04,2010

IA NO: 1 OF 2022

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 to handover the link documents pertaining to the sale deed executed under SARFAESI Act vide document No. 2196 of 2010 dated 28.04.2010 executed in favour of the Petitioners forthwith, pending disposal of WP 22288 of 2022, 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 upon hearing the arguments of SRI A K KISHORE REDDY Advocate for the Petitioners, the Court made the following. ORDER:

"Proof of service on the respondent has been filed vide USR No.57594 of 2022 on 30.08.2022.

Post on 13.09.2022 to enable appearance of the respondent".

Sd/- T. MADHAVI ASSISTANT REGISTRAR

IITRUE COPYII

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SECTION OFFICER

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To,

• 1. The Authorized Officer/Chief Manager, State Bank of India, Bheemavaram Branch, Main branch, Bheemavaram, West Godavari District. (by RPAD)
• 2. One CC to SRI. A K KISHORE REDDY Advocate [OPUC]

3. One spare copy

HIGH COURT

RRRJ

DATED:06/09/2022

POST ON 13.09.2022

ORDER

WP.No.22288 of 2022

APPEARANCE OF RESPONDENT