High Court · 2025

3. Sri. K. It{adhukar Rao, S/o Late K. Vishwanatham Aged about 68 yrs., Occ Managing Partner M/s Vishwa Shanthi Enterprises 4' smt. K. sarita, wo sri. K. Madhukar Rao Aged about 65 yrs., occ Housewife The Respondents 3 and 4 are Rl/o H. No. 16-6-6g7, Near Darbar Maisamma Temple, Kali Khabar, Chaderghat, Hyderabad, Telangana

5. Mr. Proddaturi Anish Kumar, s/o sri. p. sriHari, Aged about 33 years, occ Business

6. Smt. Proddaturi Ramya, wo Mr. p. Anish Kumar Aged about 33 years, occ Business The Respondents 5 and 6 are Rl/o plot No. D12t2, Vikarampun colony' Karkhana' secunderabad-s,..,g ...RES'.NDENTS Petition under Article 226 o1 the Constitution of lndia 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 in the nature of Mandamus or any other appropriate dirr-'ction, declaring impugneJ docket order dated 13-03-2025 passed in S.A.No.'t 1912025 on the file of Learned Debts Recovery Tribunal-ll at Hyderabad adjourning the matter from 13-03-2025 to 19-03-2025 without passing any order in LA.Nc. 80812025 in pending said S.A.No. 11912025 by not considering 15 days time period fixed for vacating the Petitioner in t/acate Notice dated 3-03-2025 is gcing to expire by 18-03-2025 to execute Warrant Order dated 28-02-2025 passed in Crl.lvl.P No.57312025 in S.R No. 318612025 on the file of Xl Additional Chief Metnrpolitan Magistrate at Secunderabad against un-mortgaged property of the Bank (Non Secured Asset of Bank) i.e. premises bearing Shop No. 2 [consisting two rocms with Washrooms] wherein the Petitioner is running Orange Tours and Travels at Ground Floor in GHMC No. 1-7-1941195 having Ptinth Area 687 Sq.ft inclusive of all with undivided share land 32 Sq.yards out of land admeasuring 1074 Sq.Yards equal to 902.16 Sq.Mts situated at Paradise Talkies Compound, Sarojinidevi Road, Secunderabad is illegal, arbitrary,and violation of fundamental rights guaranteed under Article 14, 21 and 300-4 of the Constitution of lndia and consequently direct the respondent No.1 not to take any coercive action agains;t the petitioner in respect of bearing Shop No. 2 [consisting two rooms with Washroomsl bearing GHMC No. 1-7-1941195 having Plinth Area 687 Sq.ft inclusive of all with undivided share land 32 Sq.yards, out of land admeasuring 1074 Sc.Yards equal to 902.16 Sq.Mts situated at Paradise Talkies Compound, Sarojinidr:vi Road, Secunderabad pending disposal of the l.A.No. 80812025 in pending said S.A.No. 11912025 on the file of Learned Debts Recovery Tribunal-ll at Hyderabad lA NO: 1 OF 2025 Petition under Siection 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 No.1 to not to proceed further under SARFAESI Act against petitioner's possession and enjoyment of immovable property i.e. premises bearing Shop No. 2 {consisting two rooms with Washrooms} wherein the Petitioner is running Orange Tours and Travels at Ground Floor in GHtt/lC No- 1-7-194t195 having Plinth Area 687 Sq.ft inclusive of all with undivided share land 32 Sq.yards out of land admeasuring ',t074 Sq Yards equal to 902.16 Sq.Mts situated at Paradise Talkies Compound, Sarojinidevi Road, Secunderabad pending disposal of main Writ Petition Counsel for the Petitioner: SRl. PARSA ANANTH NAGESWAR RAO Counsel for the Respondent No.1: SRI L. JAGANNADHAM Counsel for the Respondent Nos.2to5: - The Court made the following: ORDER Y,/ l'-' THE HON'BLE JUSTICE MOUSHUMI BIIATTACHARYA AND THE HON'BLE WSTICE B.R.MAbHUSUDHAN RAO WRrT PETITION No.81O9 ol 2025. Mr. Parsa Ananth Nageswar Rao, learned counsel appearing for the petition,:r. Mr. L.Jagannadham, learned counsel appearing for the caveator/respondent No. 1 ORDER: (Pcr Hon'ble .lusrice Moushumi Bhattacharya) The respondent No. i/M/s.pNB Housing Finance Ltd., is represented. However counsel representing the respondent No.l is not aware of the any of the material details which are involved in ttLe present adjudication. Save and except the facl that the notice of the Advocate commissioner appointed by the xI Additional chief Metropolitan Magistrate , City Civil Court at Secunderabad was issucd on 0,.i.O3.2025 for takirrg physical possession of the schedule property. Counsel is not aware whether the lr.dvocate Commissioner has taken any steps, in terms of the notice.

2. What counsel does say however is that the presiding r]fficer of Debts Recovery Tribunal-ll is due to resume office on 20,03.2025. Therefore, considering the limited question before us i.e., whether the petitioner is entitled to any interim relief pending hearing of petitioner,s 2 S.A.No. 1 19 of 2O2S filed before the DRT-II, we are of the view that rhe petitioner has made out a case for interirir protection. 3. The relevant dates are that the Advocate Commissioner issued a notice dated 03 .O3.2O25 for calling upon the pedtioner to vacate the property within 15 days from the date of the notice. 15 days ends today r.e., 18.03.2025. The petitioner filed the S.A. before the DRT_ll for declaring the action of respondent No. 1 in initiating the possession notice as illegar and without jurisdiction. This s.A. was fired on 12.03.2025. The DRT_II by an order dated 13.O3.2025 makes the S.A returnable on 19.O3.2O25 and gave an opportunity to respondent No. 1 to file his counter. to attend above relevant

4. The documents placed by counsel appearing for the petitioner shows that the presiding officers of arl the DRTs are schedured a conference on 17.Os.2025 and 18.O3.2025 at Bhopal. Hence, considering the dates and in order to prevent the petitioner's S.A. from becoming infructuous, we restrain respondent No. 1/ M/s. pNB Housing Finance Ltd., or its authorized representative including Advocate Commissioner from taking any steps in terms of the notice dated 03.O3.2025 till 25.O3.2025 or until the peritioner,s I'A No'808 0f 2025 is considered by the DRT-II, whichever is earlier. Y l

5. The parties before this Court shail be at liberff to file aporopriate applications before the DRT-II in terms of this order' 6. W.P.No.81o9 of 2025 is accordingly disposed of along with all connected applications' Interim orders' if any' shall statrd vacated' There shall be no order as to costs' 7 . Counsel for respondent No i sha1l communicate this order to the Advocate Commissi'cner as dictated in the Court' //TRUE COPY// SD/. A.SRINIVASA REDDY REGISTRAR ASS ON OFFICER To, 1 The Authorized Officer' M/s PNB Housing Finan-ce I td B V Raiu Bhavan' 4th Ftoor 8-2-26et,1/c and i:'ii"r';5;d;; soii"ty Road No.2, Baniara Hills, ". 1:r:::1'rr::i

5. Two CD CoPiers ; ;q#gfl r}tl{l*wmn+Hg*,sJ w" / I CC TODAY $E S rAi F J 19 ItlArl ?r25 y z D -1, .a'r '& r-! -:i..,_= HIGH COURT DATED:1810312025 ORDER WP.No.8109 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS H 'r{-