Rajesh Chakravarthi Mallepudi Vs the Authorized Officer Hinduja Housing Finance Ltd.

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
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THURSDAY, THE TWENTIETH DAY OF FEBRUARY ^
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TWO THOUSAND AND TWENTY FIVE '
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PRESENT
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THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO

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WRIT PETITION NO: 4350 OF 2025

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Between:

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Rajesh Chakravarthi Mallepudi, S/o Chintaiah Nehru Mallepudi, Resident of D.No. 17-4-9, Opposite Municipal School, Lakshivaram Peta, Eluru, West Godavari District -534005.

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Mrs. Asha Jyothi Devadasu, W/o Rajesh Chakravarthi Mallepudi, Resident of D.No. 17-4-9, Opposite Municipal School, Lakshivaram Peta, Eluru, West Godavari District -534005.

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...PETITIONERS

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AND

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The Authorized Officer Hinduja Housing Finance Ltd, Hinduja Housing Finance Ltd, Head Office D.No. 167-169, 2nd Floor, Anna Salai, Saidapet, Chennai-600015.

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The Branch Manager, Hinduja Housing Finance Ltd, D.No.54-20-10/1 A; 3rd Floor, Opp SBI Bank, Gurunanak Colony, Main Road, Vijayawada, Andhra Pradesh-520007.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased (i) to issue a Writ, Order or Orders, more particularly one, in the nature of a Writ of Mandamus, declaring the action of the respondent bank, in trying to take physical possession of the subject property RCC Building to an extent of 223 Sq. Yards of land out of total

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€

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extent of 447 Sq. Yards, situated at D. No. 17- 4-9, Old War No. 8/D and present Ward No. 17 in T.S No. 442, Lakshmivarapu Peta, Eluru Municipality Eluru, West Godavari District by issuing the impugned Advocate Commissioner Notice dt. 05.02.2025 scheduled to dispossess the petitioners, pending the interim application vide I.A No. 419/2025 in SA No. 226/2024, on the file of the Debts Recovery Tribunal, Visakhapatnam as illegal, unwarranted, unsustainable, arbitrary, and violation of Article 14 and 21 of constitution of India and (ii) Consequently, to direct the respondent authorities not to take any coercive action under the SARFAESI Act, against the subject property till disposal of the application I.A No. 419/2025 in SA No. 226/2024.

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lA NO: 1 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 direct the respondent bank, not to take the possession of the subject properties, till pending dispose of the writ petition.

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Counsel for the Petitioner: SRI SESHU KUMAR NALI

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Counsel for the Respondents: — The Court made the following: ORDER

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APHC010079712025

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IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:16 AT AMARAVATI [3446]

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WRIT PETITION NO: 4350 of 2025

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Rajesh Chakravarthi Mallepudi and another

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...Petitioners

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Vs.

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The Authorized Officer, Hinduja Housing Finance Ltd^and another

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...Respondents

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Advocate for petitioners Sri Seshu Kumar Mali

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Advocate for respondents None

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CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO

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DATE : 20th February 2025

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PC:

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Learned counsel for the petitioners states that even^{whenS.A.No.266of} 2024 has been filed by the petitioners before the Debts Recovery Tribunal Visakhapatnam against the action taken by the respondent Hinduja Housing Finance Limited and an application for interim relief^filed vide I.A.No.419 of 2025, yet, no orders have come to be passed on the^said I.A. and in the meantime, it is stated that an Advocate Commissioner has since been appointed, who is likely to dispossess the petitioners^{fromthesecuredasset.}

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Considering the limited nature of controversy, we dispose of this petition with a direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of

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2

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I.A.No.419 of 2025 in S.A.No.266 of 2024 preferably, within a period of six (6) weeks. Until such time the appropriate orders are passed, status quo be

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maintained with regard to the secured asset. No order as to costs.

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Pending miscellaneous applications, if any, shall stand closed.

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Sd/- SHAIK MOHD. RAFI //TRUE COPY// ASSISTANT REGI RAR

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SECTION OFFICER

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To,

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The Authorized Officer Hinduja Housing Finance Ltd, Hinduja Housing Finance Ltd, Head Office D.No. 167-169, 2nd Floor, Anna Salai, Saidapet, Chennai-600015.

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The Branch Manager, Hinduja Housing Finance Ltd, D.No.54-20-10/1 A, 3rd Floor, Opp SBI Bank, Gurunanak Colony, Main Road, Vijayawada, Andhra Pradesh-520007.

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