Sri Gunisetty Narasinha Gupta, Vs Union of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Sri Gunisetty Narasinha Gupta, Vs Union of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Withdrawal permitted with liberty to file a fresh Writ Petition with the same cause of action; no order as to costs.

Issue for consideration

Whether the impugned order dated 01/05/2024 in I.A.No.1153 of 2024 in S.A.No.108 of 2024 of the Debts Recovery Tribunal at Vishakhapatnam, dismissing the application without valid reasons in spite of payment of Rs.20,00,259/- to the respondent finance company, is illegal, arbitrary and violative of Articles 14, 19, 21 and 300-A of the Constitution, and whether Respondents 2 and 3 should be directed to grant reasonable time to fulfil the orders dated 25.03.2024. (Raised in the prayer; not adjudicated, as the petition was withdrawn.)

Ratio / Principle

Permission accorded to the petitioner to withdraw the Writ Petition with liberty to file a fresh Writ Petition with the same cause of action; accordingly, the Writ Petition is dismissed as withdrawn, with no order as to costs.

Key takeaways

As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.ratio¶30

Detailed headnote1 paragraphs

Held (per Justice Tarlada Rajasekhar Rao, 09.12.2025): Sri Sunkara Charan, learned counsel representing the on-record counsel (NAGESWARA RAO V) for the petitioner, sought permission to withdraw Writ Petition No.11588 of 2024 — filed under Article 226 of the Constitution of India challenging the order dated 01/05/2024 in I.A.No.1153 of 2024 in S.A.No.108 of 2024 of the Debts Recovery Tribunal at Vishakhapatnam, alleged to have been passed dismissing the application without valid reasons despite payment of Rs.20,00,259/- to the respondent finance company in pursuance of the Tribunal's orders dated 25.03.2024 — with liberty to file a fresh Writ Petition with the same cause of action. Permission was accorded; the Writ Petition was dismissed as withdrawn with no order as to costs, and pending interlocutory applications, if any, stood closed. No issue was adjudicated and no precedent was cited.

APHC010227232024

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

[3330]

TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION No.11588 of 2024

Between:

SRI GUNISETTY NARASINHA GUPTA,, AGE 49 YRS S/O. CHINNA GUNNARAJU, R/O.D. NO. HIG-10, BV PRASAD PARADISE, DAFFODILL SCHOOL DOWN, MARIPALEM, VUDA LAYOUT VISAKHAPATNAM (AP)-530027 AND ALSO AT D.NO, 11-153,154,155,156,159, S.NO. 1/4, GOPALAPATNAM VILLAGE, VISAKHAPATNAM (AP)

...PETITIONER

AND

UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF FINANCE DEPARTMENT, ROOM NO.46, NORTH BLOCK, NEW DELHI.

THE AUTHORISED OFFICER, RELIANCE HOME FINANCE LTD., DHRUV ARCADE, 3RD FLOOR, BEARING NO. 6-3-248 NAVEEN NAGAR, ROAD NO. 1, BANJARA HILLS, HYDERABAD (TS) - 500 034.

THE BRACH MANAGER, RELIANCE HOME FINANCE LTD., 47/11/5, MOHANS ARCADE, DWARAKA NAGAR, 1ST LANE, BEHAND SANGAM AND SARATH THEATER VISAKHAPATNAM (AP) - 530 016.

...RESPONDENT(S):

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 nature of Writ of MANDAMUS, declaring the impugned order Dt.01/05/2024, passed in I.A.No.1153 of 2024 in S.A.No.108 of 2024 on the file the Debts Recovery Tribunal at Vishakhapatnam dismissing without valid reasons in spite of payment of amount Rs.20,00,259/- to

2

the respondent finance company in pursuance of the orders Dt.25.03.2024 in I.A.No.1153 of 2024 in S.A.No.108 of 2024 without appreciation of the bona-fides of the petitioner is highly illegal, arbitrary and against the principle of natural justice and violation of Article 14, 19, 21 and 300-A of Constitution of India and consequently direct the Respondents 2 and 3 to grant reasonable time for fulfillment of the orders Dt.25-03-2024 in I.A.No.1153 of 2024 in S.A.No.108 of 2024 passed in Learned Debts Recovery Tribunal at Vishakhapatnam.

Counsel for the Petitioner:

1.NAGESWARA RAO V

Counsel for the Respondent(S):

2.GP FOR FINANCE PLANNING

The Court made the following:

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ORDER:

Sri Sunkara Charan, learned counsel represented on behalf of the learned counsel for the petitioner on record and sought permission of this Court to withdraw the present Writ Petition with a liberty to file fresh Writ Petition with the same cause of action and the same is also endorsed on the bundle.

Permission is accorded.

Accordingly, the present Writ Petition is dismissed as withdrawn with the liberty sought for. There shall be no order as to costs.

As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.

__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 09.12.2025

Siva/JAK

4

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION No.11588 of 2024

Date: 09.12.2025

Siva/JAK