IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

PRESENT

THE HON'BLE SRI JUSTICE A. V. SESHA SAI AND THE HON'BLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 30151 OF 2023 & 23734 of 2023

WRIT PETITION NO: 30151 OF 2023

Between:

• 1. Vemuri Suresh Babu, S/o Sambasivan Rao, Aged 38 years, Occ Cultivation, a resident of K. V. Enclave, Flat No-4, 3rd Floor, bearing Door No.58/c, Vikas Nagar, Ring Road, Guntur.
• 2. Vemuri Swapna Vemuri, W/o Suresh Babu Vemuri, Aged 36 years, Occ Cultivation, a resident of K. V. Enclave, Flat No-4, 3rd Floor, bearing Door No.58/c, Petitioners Vikas Nagar, Ring Road, Guntur.

$...$ PETITIONER(S)

AND

• 1. The Union of India, Rep. by its Secretary to Government of India, Ministry of Finance, New Delhi.
• 2. Union Bank of India, Rep. by its Managing Director Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai -400 0213.
• 3. The Branch Manager, Union Bank of India, Main Road, Nagaram Palem, Kannavari Thota Guntur, Guntur District. A.P.
• 4. The Authorized Officer, Union Bank of India, Asset Recovery Branch (79170), 4th floor, Andhra Bank Building, R.R. Apparao Street, Vijayawada.

...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 Petition Order or direction more particularly one in the nature of a Writ of Mandamus declaring the action initiated by respondent no 4 under Section 13 (4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 without following the statutory procedure there under for taking possession of petitioners house as illegal arbitrary and violative of Articles 14 15 and 300A of the it is Constitution of India apart from being violative of principles of natural justice consequently direct the respondents not to take any coercive steps against the petitioners except in accordance with law.

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay all proceedings relating to the notice Ref: ABR:661:2023-24 dated 06/11/2023 issued by Respondent no 4 pending disposal of the above writ petition.

Counsel for the Petitioner(s):SRI. BASHEER AHMED

Counsel for the Respondent No.1: SRI. JUPUDI V.K. YAGNADUTT

Counsel for the Respondents No.2 to 4: SMT. DYUMANI

WRIT PETITION NO: 23734 OF 2023

Between:

• 1. Vemuri Suresh Babu, S/o Sambasivan Rao, Aged 38 years, Occ. Cultivation, a resident of K. V. Enclave, Flat No-4, 3rd Floor, bearing Door No.58/c, Vikas Nagar, Ring Road, Guntur.
• 2. Vemuri Swapna, W/o Suresh Babu Vemuri, Aged 36 years, Occ. Cultivation, a resident of K. V. Enclave, Flat No-4, 3rd Floor, bearing Door No.58/c, Vikas Nagar, Ring Road, Guntur.
• 3. Vemuri Sambasiva Rao, S/o. Venkata Subbaiah, Aged 60 years, Occ. Cultivation, a resident of 3-179, Ananthavarappdu Village, Vatticherukuru mandal. Guntur -522 017.
• 4. Vemuri Siva Kumari, W/o Sambasiva Rao Vemuri, Aged 54 years, Occ. Cultivation, a resident of 3-179, Ananthavarappdu Village, Vatticherukuru mandal, Guntur-522 017.
• 5. Parichuri Bhusaiah, S/o Appaiah, Aged 70 years, Occ. Cultivation, a resident of 3-179, Ananthavarappdu Village, Vatticherukuru mandal, Guntur -522 017.

$...$ PETITIONER(S)

AND

• 1. The Union of India, Rep. by its Secretary to Government of India, Ministry of Finance, New Delhi.
• 2. Union Bank of India, Rep. by its Managing Director, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai - 400 0213.
• 3. The Branch Manager, Union Bank of India, Main Road, Nagaram Palem, Kannavari Thota, Guntur, Guntur District. A.P.
• 4. The Authorized Officer, Union Bank of India, Asset Recovery Branch (79170), 4th floor, Andhra Bank Building, R.R. Apparao Street, Vijayawada.

...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 petition order, or direction more particularly one in the nature of Writ of Mandamus by declaring the action of respondents no 2 to 4 in issuing auction notification dated 23/08/2023 without considering my request to repay the entire due amount is illegal, arbitrary, unconstitutional, and a violation of articles 14, 21, and 300A consequently set aside the auction notification dated 23/08/2023.

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay the auction notice issued by respondent no 4 dated 23/08/2023 pertaining to the petitioner's property and receive the entire amount due pending disposal of the above writ petition.

Counsel for the Petitioner(s):SRI. BASHEER AHMED

Counsel for the Respondent No.1:SRI. B. NARASIMHA SARMA

Counsel for the Respondents No.2 to 4: SMT. V. DYUMANI

The Court made the following: COMMON ORDER

THE HON'BLE SRI JUSTICE A.V. SESHA SAI THE HON'BLE SMT.JUSTICE SUMATHI JAGADAM

$\mathbf{1}$

WRIT PETITION Nos.30151 & 23734 of 2023

<u>COMMON ORDER</u>: (per A.V. Sesha Sai, J)

In W.P.No.30151 of 2023, challenge is to the action initiated by respondent No.4 under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred as the 'Act') and in W.P.No.23734 of 2023, challenge is to the Auction Notification, dated 23.08.2023.

$2.$ Today, when the matters are taken up, it is brought to the notice of this Court by Smt.Dyumani, learned Standing counsel for the respondent-Bank authorities that, questioning the proceedings initiated under the provisions of the Act, the petitioners herein filed S.A.No.413 of 2022, wherein, the Debts Recovery Tribunal, Visakhapatnam, passed an Order, dated 21.12.2022, in I.A.No.1881 of 2022, staying further proceedings, pursuant to the earlier Sale Notice, dated 30.11.2022, subject to the petitioners depositing 25% of the notice amount. It is further submitted by the learned Standing counsel that the petitioners herein did not comply with the conditions incorporated in the aforesaid order. It is also brought to the notice of this Court by

Smt.Dyumani, learned Standing counsel that the auction could not be held, pursuant to the Auction Notification, dated 23.08.2023, for want of bidders.

$3.$ In view of the above reasons, this Court deems it appropriate to dispose of both the Writ Petitions, leaving it open for the petitioners herein to avail alternate remedy under the provisions of Section 17 of the Act.

$4.$ Accordingly, both the Writ Petitions are disposed of.

No order as to costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

Sd/-B. PRASADA RAO ASSISTANT REGISTRAR $\mathbf{L}$

//TRUE COPY//

SECTION OFFICER

To,

• 1. The Secretary to Government of India, Union of India, Ministry of Finance, New Delhi.
• 2. The Managing Director, Union Bank of India, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai - 400 0213.
• 3. The Branch Manager, Union Bank of India, Main Road, Nagaram Palem, Kannavari Thota, Guntur, Guntur District. A.P.
• 4. The Authorized Officer, Union Bank of India, Asset Recovery Branch (79170), 4th floor, Andhra Bank Building, R.R. Apparao Street, Vijayawada.
• 5. One CC to SRI. BASHEER AHMED, Advocate [OPUC]
• 6. One CC to SRI.V. JUPUDI V.K. YAGNADUTT, Advocate [OPUC]
• 7. One CC to Smt.V. DYUMANI, Advocate [OPUC]

$\sim$

• 8. One CC to SRI.B. NARASIMHA SARMA, Advocate [OPUC]
• 9. Three C.D.Copies

$nm$

P. Cowthaini

HIGH COURT

DATED:12/12/2023

ORDER

WP.No. 30151 & 23734 of 2023

DISPOSING OFTHE WP

WITHOUT COSTS