Disposed

K.Anjaiah v. The Government of Andhra Pradesh

Telangana HC20 Dec 2010WP/18044/2010

Case brief

AI extract

What is this about?

Petitioner filed writ petition to set aside distraint order. Court held that since the underlying order is under revision before respondent No.1, it cannot be adjudicated here. Directed respondent No.1 to dispose of revision within two months. Writ petition disposed of.

What did the court decide?

Respondent No.1 directed to dispose revision petition within two months; Writ Petition disposed of; WPMP disposed of as infructuous.

K.Anjaiah Vs The Government of Andhra Pradesh — Writ and Judicial Review | Telangana HC (2010)

¶1

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TEN

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PRESENT

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THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY

¶5

WRIT PETITION No.18044 of 2010

Between:

K. Anjaiah

..... Petitioner

AND

The Govt., of A.P., rep., by its Principal Secretary, Panchayat Raj & Rural Development Department, Hyderabad & others.

¶11

.....Respondents

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Counsel for the petitioner : Sri A. Prabhakar Rao

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Counsel for respondents 1&2: AGP for Panchayat Raj Counsel for respondents 3&4: Sri P. Raghavender Reddy

¶14

The Court made the following :

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THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY

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WRIT PETITION No.18044 of 2010

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ORDER:

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This Writ Petition is filed for a Mandamus to set aside distraint order dated 13.07.2010 issued by respondent No.3 for recovery of Rs.21,01,903/-, order dated 04.04.2007 passed by respondent No.2 and consequential recovery notice dated 05.06.2010 of respondent No.3.

¶19

A perusal of the proceeding sheet shows that on 27.07.2010, this Court has issued notice before admission. So far, no counter affidavit is filed.

¶20

A perusal of the record shows that against order dated 04.04.2007, passed by respondent No.2, the petitioner has filed a revision more than three years later. Be that as it may, since the said order is the subject matter of a revision before respondent No.1, its validity cannot be adjudicated by this Court at this stage. Therefore, without going into the merits of the case, respondent No.1 is directed to dispose of the revision petition within a period of two months from the date of receipt of a copy of this order, after giving an opportunity of being heard to the petitioner.

¶21

Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.22800 of 2010 filed by the petitioner for interim relief is disposed of as infructuous.

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Date: 20.12.2010 ES

¶23

____________________________ C.V.NAGARJUNA REDDY, J

K.Anjaiah v. The Government of Andhra Pradesh

Case brief

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K.Anjaiah v. The Government of Andhra Pradesh

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