Dismissed¶31

Kolla Srinivasu v. Idbi Bank

Andhra Pradesh HC7 Dec 2025WP/7910/2017

Case brief

AI extract

What is this about?

Dismissal for non-prosecution due to repeated absence of petitioner's representation; Article 226 writ of mandamus; one-time settlement (OTS); IDBI Bank, Danavaipeta Branch; Executive Director, IDBI Tower, WTC Complex, Mumbai; Fish Tank Kisan Credit Card (KCC) loan accounts FT KCC 094655100000842 dated 04-12-2009 and FT KCC 0094671200001984; natural calamities 2014; West Godavari District, Akividu Mandal, Gummuluru village; stay petition under Section 151 CPC (IA No. 1 of 2017, WPMP No. 9754 of 2017); no order as to costs; miscellaneous applications closed; Justice Sumathi Jagadam; decided 08.12.2025.

What did the court decide?

The writ petition is dismissed for non-prosecution owing to repeated absence of representation for the petitioner, and no order as to costs is passed. ¶31

Kolla Srinivasu Vs Idbi Bank — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the respondents' failure to act on the petitioner's repeated one-time settlement (OTS) proposals for the two Fish Tank Kisan Credit Card loan accounts (No. FT KCC 094655100000842 dated 04-12-2009 and No. FT KCC 0094671200001984) is illegal, unjust and unconstitutional, warranting a writ of mandamus directing consideration of the OTS proposal in view of the natural calamities of 2014. (Raised by the petitioner in the writ prayer; not adjudicated by the Court.)

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Ratio / Principle

The writ petition is dismissed for non-prosecution owing to repeated absence of representation for the petitioner, and no order as to costs is passed.

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Key takeaways

As a sequel to the dismissal, miscellaneous applications pending, if any, shall stand closed.ratio¶32

Detailed headnote1 paragraphs

Writ Petition No. 7910/2017, High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), Justice Sumathi Jagadam, decided 08.12.2025. Petitioner Kolla Srinivasu, an agriculturist of Gummuluru village, Akividu Mandal, West Godavari District, had sought a writ of mandamus under Article 226 declaring illegal the action of IDBI Bank, Danavaipeta Branch, in repeatedly declining to settle his Fish Tank Kisan Credit Card loan accounts (No. FT KCC 094655100000842 dated 04-12-2009 and No. FT KCC 0094671200001984) despite umpteen one-time-settlement (OTS) requests, asking that the OTS proposal be considered mindful of the 2014 natural calamities; an accompanying stay application (IA No. 1 of 2017 / WPMP No. 9754 of 2017) was lodged under Section 151 CPC. With no representation appearing for the petitioner on 16.10.2025, on 01.12.2025, nor when the matter was called on the final date after being placed under the caption “for dismissal”, the Court dismissed the writ petition for non-prosecution, made no order as to costs, and closed pending miscellaneous applications as a sequel. The substantive OTS grievance was left unadjudicated.

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[3459]

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APHC010706932017

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 7910/2017

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Between:

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KOLLA SRINIVASU, S/O SATYANARAYANA, AGED ABOUT ... YEARS, OCC: AGRICULTURIST, RESIDENT OF D.NO.3-95, MAIN ROAD, GUMMULURU VILLAGE, AKIVIDU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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IDBI BANK, DANAVAIPETA BRANCH, RAJ AHMAHENDRAVARAM, REP. BY ITS AUTHORIZED OFFICER.

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THE EXECUTIVE DIRECTOR, IDBI TOWER, WTC COMPLEX, CUFFEE PARADE, MUMBAI.

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...RESPONDENT(S):

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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, more particularly in the nature of Writ of Mandamus declaring the action of the respondent in not acting in the spirit of settlement though the petitioner requested to settle his loan account under the one time settlement (OTS) proposal umpteen times pertaining to the Fish Tank Kissan Credit Card loan sanctioned to the petitioner vide sanction letter bearing account No. FT KCC 094655100000842 Dated 04-12-2009 and Account No. FT KCC 0094671200001984, dated 1603-2.011 as illegal, unjust, unconstitutional and against the procedures of law and against the principles of Natural Justice, while consequently to direct the respondents herein to consider the OTS proposal keeping in mind of the

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JS, J W.P.No.7910 of 2017

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natural calamities occurred in the year 2014 and to pass such other order or orders as the Hon'ble court may deem it fit and proper in the facts and circumstances of the case.

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IA NO: 1 OF 2017(WPMP 9754 OF 2017

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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 grant stay all further proceedings in pursuance of bearing loan account No. FT KCC 094655100000842 Dated 04-12-2009 and Account No. FT KCC 0094671200001984, dated 16-03-2.011 until pending disposal of main writ petition

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Counsel for the Petitioner:

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1.ALMAS BEGUM MOHAMMED

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Counsel for the Respondent(S):

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1.B HARINATH RAO

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JS, J W.P.No.7910 of 2017

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The Court made the following Order:

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When the matter was listed on 16.10.2025, there was no representation

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on behalf of the petitioner. Therefore, the matter was directed to be listed on 01.12.2025. Even on that day as there was no representation for the petitioner, the matter was directed to be listed today under the caption “for dismissal”.

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Today when the matter is called, again there is no representation for the petitioner. It appears that the learned counsel for the petitioner is not interested in prosecuting the case.

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