Dismissed¶37

Jarina Begum, v. Bank of India

Constitutional (Writ) Petition – SARFAESI e-auction challenge

Andhra Pradesh HC13 Jul 2025WP/3911/2019

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What is this about?

Keywords: SARFAESI Act e-auction notice; Bank of India Vijayawada; Authorized Officer sale notice 18-02-2019; e-auction 26-03-2019; Articles 14 and 300-A; Article 226 writ of Mandamus; Section 151 CPC stay application; writ petition dismissed for non-prosecution; no costs; Jarina Begum; Dhiraj Singh Thakur CJ; Ravi Cheemalapati; WP No. 3911 of 2019; APHC010089012019; High Court of Andhra Pradesh at Amaravati; 14-07-2025.

What did the court decide?

The writ petition was dismissed for non-prosecution, as there was no representation on behalf of the petitioner either on the previous date of hearing or on the date of the present hearing; no order as to costs was made. ¶37

Jarina Begum, Vs Bank of India — Banking and Recovery | Andhra Pradesh HC (2025)

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APHC010089012019

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

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MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

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HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO: 3911 OF 2019

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Between:

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Jarina Begum, W/o Md.Shariff, Aged about 45 years, R/o D.No. 76-16-27/5B, Bhavanipuram, Vijayawada-12.

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...PETITIONER

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AND

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M/s. Bank of India, rep. by its Chief Manager, Sridevi Complex, J.D Hospital Road, Governorpet, Vijaywada-2.

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The Authorized Officer, M/s. Bank of India, D.No.27-21-39,^Kaleswarao Road, Governorpet, Vijayawada.

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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 an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the notice Ref.No.VJA:DK;18^-19 Dt. 18-02-2019 issued by the respondent No.2 to hold the e-auction on 26-03-2019 against the property shown in the schedule being an extent of 41 sq.yards at D.No.40-20-35, Patamata, Vijayawada Municipal Corporation^as

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illegal, and also violative of Articles 14, and 300-A of the constitution of India beside being in violation of the SARFAESI Act and Rules framed there under, and set aside the same, directing the respondents not to conduct sale.

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lA NO: 1 OF 2019

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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 proceedings in pursuance of notice Ref.No.VJA:DK:18- 19 Dt; 18-02-2019 issued by the 2nd respondent including e-auction to be held on 26-03-2019 against the property shown in the schedule, an extent of 41 sq. yards bearing D.No.40-20-35, Patamata, Vijayawada Municipal Corporation pending disposal of the writ petition.

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Counsel for the Petitioner: SRI V. S. R. ANJANEYALU(Not Present) Counsel for the Respondents: —

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The Court made the following order:

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APHC010089012019

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IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-6 [3483] AT AMARAVATI

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WRIT PETITION NO: 3911 of 2019

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Jarina Begum