Pattapu Nagamuni vs The Authorized Officer State Bank ...
2023 Latest Caselaw 3992 AP

      THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
                           &
     THE HON'BLE SRI JUSTICE V. GOPALA KRISHNA RAO


                Writ Petition No.17161 of 2023

ORDER: (per Sri Justice D.V.S.S.Somayajulu)


       Heard learned counsel for the petitioners specifically

on the question of maintainability of this writ petition.

2.     In view of the recent judgments of the Hon'ble

Supreme Court and the settled law on subject, this Court

is of the firm opinion that the action of the respondent in

issuing the possession notice cannot be questioned in this

writ petition. Particularly, as the main grievance is that

substantial payments are also be made.

3. Without expressing anything on the merits, writ

petition is dismissed, leaving it open to the writ petitioners

to challenge the orders said to have been passed under

section 14 of SARFAESI Act by the concerned

Jurisdictional Magistrate. There shall be no order as to

costs.

As a sequel, Miscellaneous Applications, if any,

pending shall also stand dismissed.

________________________________ JUSTICE D.V.S.S.SOMAYAJULU

____________________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 01.09.2023.

AG

THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU & THE HON'BLE SRI JUSTICE V. GOPALA KRISHNA RAO

Writ Petition No.17161 of 2023

Dated: 01.09.2023 AG