Dismissed¶58

Smt a. Chandra Kala v. Union of India

Andhra Pradesh HC10 Jul 2025WP/16729/2025

Case brief

AI extract

What is this about?

Dismissal of writ petition as withdrawn with liberty to amend earlier writ petition W.P. No.12011 of 2025; challenge to DRT Visakhapatnam recovery proceedings R.P. No.307/2019 in O.A. No.330/2017 (decree dated 01-04-2019) allegedly continued against a dead person; coercive recovery steps against petitioner's property; Canara Bank; Recovery Officer, DRT Visakhapatnam; Article 226 petition; Articles 14, 19, 300-A invoked; Section 151 CPC stay application (I.A. No.2 of 2025); no order as to costs; pending miscellaneous applications closed; no precedent relied upon.

What did the court decide?

Permission to withdraw the writ petition with liberty to amend the earlier writ petition, W.P. No.12011 of 2025; no order as to costs. ¶58

Smt a. Chandra Kala Vs Union of India — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010328072025

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

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FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE^

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PRESENT

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THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR

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AND

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATJ^

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WRIT PETITION NO: 16729 OF 2025

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Between:

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Smt A. Chandra Kala, W/o A.V. Gopala Krishna, Aged yrs, D.No.44-35-2/B Srinivasa Nagar, Akkayyapalem , Visakhapatnam

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■..Petitioner

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AND

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Union of India, Ministry of Finance, Represented by its Secretary Sastry Bhavan, New Delhi.

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Canara Bank, Represented by its Branch Manager, Kancharapalem, Beside Urvasi Theatre, Visakhapatnam.

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Recovery Officer, Debts Recovery Tribunal, Narayana Street Dabagardens, Visakhapatnam.

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...Respondents

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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 a Writ of Certiorari to Call for the records pertaining to the Recovery Proceedings in R.P.NO.307/2019 in O.A.No,330/2017 on the file of Debts

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►

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Recovery Tribunal, Visakhapatnam initiated by the 2nd Respondent through the 3rd Respondent pending for adjudication through a Decree in O.A.No.330/2017 dt.01-04-2019 on the file of D.R.T., Visakhapatnam against the dead person, and continuing the proceedings against dead person in R.P..No.307/2019 there by trying to take out Coercive Steps against the petitioners property all are Unlawful, Illegal, non-application of judicious mind, without jurisdiction. Violation of Principles of Natural Justice, Violation of Article^14,19,300-A of the Constitution of India, Consequently^Quash the Proceedings in R.P.No.307/2019 in O.A.No.330/2017 on the file of Debts Recovery Tribunal, Visakhapatnam by Allowing the Writ Petition.^

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lA NO: 2 OF 2025 ^

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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 STAY of all the further proceedings in R.P.No.307/2019 in O.A.No.330/2017 of the file of Debts Recovery Tribunal, Visakhapatnam pending disposal of the main Writ Petition. ^

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Counsel for the Petitioner: SRI R SAI LEELA SAMPATH REPRESENTING SRI R SIVA SAI SWARUP ^

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Counsel for the Respondent No.1: ADDITIONAL SOLICITOR GENERAir OF INDIA

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The Court made the following order:

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APHC010328072025

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IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-1 [3483] AT AMARAVATI

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WRIT PETITION NO: 16729 of 2025

Smt A. Chandra Kala

...Petitioner

Vs.

Union of India and others

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...Respondents

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Advocate for Petitioner

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Sri R. Sai Leela Sampath representing Sri R. Siva Sai Swarup

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Advocate for Respondents None

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CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI

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DATE : 11th July 2025

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PC :

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? Learned counsel for the petitioner seeks to withdraw^{thiswritpetition} with liberty to ani4hd the earlier writ petition i.e., W.P.No.12011 of 2025 appropriately.

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