In a writ petition challenging a distraint order under the Revenue Recovery Act, the High Court set aside the notice due to the absence of a counter affidavit, disposing of the petition.
Set aside the impugned distraint order dated 07.07.1996 and dispose of the Writ Petition.
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THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.13482 OF 1996
Dated: 23.12.2011
Between : M/s. Kavita 70 MM., A/C And The Collector, Karimnagar and 3 others
… Petitioner
… Respondents
The Court made the following:-
THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 13482 OF 1996
O R D E R:
This writ petition was filed in the year 1996 challenging the distraint order dated 07.07.1996 issued under Section 8 of the Revenue Recovery Act, 1890.
This Court, while issuing rule nisi, by order dated 23.07.1996 granted interim stay of all further proceedings including the sale of the property in question in pursuance of the impugned distraint notice.
Despite notice, no counter affidavit is filed and the interim order continued to be in operation all through.
Having regard to the facts and circumstances of the case and in the light of the uncontroverted averments in the writ petition, the impugned notice is hereby set aside and the Writ Petition is accordingly disposed of. No costs.
___________ G. ROHINI, J Date: 23.12.2011 Ivd
1 issue framed by the court
Whether the impugned distraint order dated 07.07.1996 should be set aside given the lack of counter affidavit and uncontroverted averments in the petition.
1 provisions across 1 enactments
M/s. Kavita 70 MM., A/C
The Collector, Karimnagar
G. Rohini
As recorded by the court registry
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