THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 22881 OF 2014 Date of Judgment: 11.8.2014 Between:
Mohd. Rahaman And …Petitioner The District Magistrate/Collector, Khammam district and another ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. No. 22881 of 2014 ORDER:
Heard learned counsel for the parties.
The petitioner states that his property was ordered to be attached by the Assistant Sessions Judge, Siddipet, Medak District in S.C.No. 282 of 2010 and the said order of attachment is sought to be executed by the first respondent- Collector, though the petitioner is totally unconcerned and unconnected with the accused in the said criminal case. The present writ petition is, therefore, filed questioning the action of the first respondent in attaching the property.
Even assuming that the contentions of the petitioner are factually and legally tenable, he must approach the learned Assistant Sessions Judge who has ordered attachment of the property and if he accepts that the petitioner has neither any concern with the accused nor the property is that of the accused, it is for the Assistant Sessions Judge to pass appropriate orders lifting the order of attachment. The first respondent-Collector, against whom the writ of mandamus is sought, is merely an executing authority and he cannot decide on the correctness or otherwise of the claim of the petitioner. Hence this writ petition against the respondent-collector is not maintainable. However, with the liberty as aforesaid to the petitioner, the writ petition is disposed of. Miscellaneous applications, if any, shall stand closed. No costs.
VILAS V. AFZULPURKAR, J Dt. 11.8.2014 KR