Gongada Hari Babu vs Union Of India
2024 Latest Caselaw 6776 AP

Andhra Pradesh High Court - Amravati

Gongada Hari Babu vs Union Of India on 6 August, 2024

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

APHC010332492024                                                Bench Sr.No:-7
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                                                    [3443]
                                AT AMARAVATI

                        WRIT PETITION No.16950 of 2024



Gongada Hari Babu and another                                   ...Petitioners

      Vs.

Union of India and others                                     ...Respondents


                                    **********

Pasalapudi Satya Haritha, Advocate for the petitioners.

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE NINALA JAYASURYA

DATE : 6th August, 2024

PC:

The petitioners are aggrieved of the notice issued by the Advocate

Commissioner seeking to take possession of the property in possession of the

petitioners, who are the principal borrowers with M/s. Sriram Finance Limited

- respondents herein, on the ground that the Advocate Commissioner in her

notice had not properly and exactly defined the schedule property which would

authorize her to take action to evict the petitioners from the property in

question.

HCJ & NJS,J WP_16950_2024

2. In our opinion, these issues do not fall under any of the

exceptions as crystallized by the Apex Court in the judgment rendered in

Radha Krishan Industries v. State of Himachal Pradesh [(2021) 6 SCC

771]. Further, considering the ratio of the judgment in PHR Invent

Educational Society v. UCO Bank [2024 SCC Online SC 528], we do not

deem it appropriate to invoke the extraordinary jurisdiction under Article 226 of

the Constitution of India and leave the petitioners free to avail the alternate

remedy before the Debts Recovery Tribunal.

3. The Writ Petition is, accordingly, disposed of. No order as to

costs.

Miscellaneous applications pending, if any, shall stand closed.

DHIRAJ SINGH THAKUR, CJ

NINALA JAYASURYA, J

Vjl