HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 4148 OF 2010 DATED 17TH SEPTEMBER, 2014.
BETWEEN V.N.S.V.N.Sreshti …Petitioner and Andhra Pradesh Industrial Development Corporation Limited, Rep. by its Managing Director, Hyderabad and anr.
….Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 4148 OF 2010
ORDER:
This Writ Petition was filed challenging the action of respondents 2 and 3 in affixing the notice dated 09.02.2010 under the Revenue Recovery Act.
The petitioner states that he is running business in selling greeting cards under the name and style of ‘Expressions’ in Subhadra Arcade, situate near Bhanugudi Junction, Kakinada. He states that he is running the said business for the last thirteen years by taking the ground floor premises on lease from his brother and first floor from one V.K.R.S.V.Prasada Rao. While so, the second respondent came along with the third respondent and affixed on the business premises the notice dated 09.02.2010 under the Revenue Recovery Act. The said notice was issued to one V.Nookaji, S/o V.V.N.Sastry, Kakinada, in the name of M/s. Guardian Papers Limited, Bommuluru, Krishna District, wherein it was stated that the said Nookaji was in due of Rs.4718.19 lakhs to the first respondent- APIIC. It is further stated that the petitioner is nothing to do with the business of said M/s. Guardian Papers Limited and the said Nookaji has also no way concerned with the business of the petitioner though said Nookaji is the father of the petitioner.
Today when the Writ Petition is taken up for consideration, the learned Standing Counsel for the respondents fairly submitted that the petitioner is nothing to do with the business of M/s Garudian Papers Limited and even the said Nookaji, who is stated to be the father of the petitioner is also no way concerned with the business of the petitioner and that the respondents will not proceed against the petitioner under the guise of the impugned notice.
The learned Standing Counsel though advanced the aforesaid submissions orally without filing counter affidavit, the same are taken on record.
Recording the said submission of the learned Standing Counsel, the Writ Petition is allowed. The respondents are directed not take any coercive steps against the petitioner under the guise of the impugned notice, however liberty is given to them (the respondents) to proceed with M/s. Guardian Papers Limited, Bommuluru, Krishna District for recovery of arrears of revenue pursuant to the impugned notice dated 09.02.2010.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 17TH SEPTEMBER, 2014.
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