THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.22885 of 2009 DATED: 07.10.2010 Between: D. Pedda Dasthagiri. .. Petitioner. And The Official Receiver, Kurnool District, Office at Munsiff Court Compound, Kurnool, And another. .. Respondents. ORDER: It appears, the petitioner filed I.P.No.25 of 2004 on the file of the learned Senior Civil Judge, Allagadda, and the same was decreed ex parte on 10.08.2005 adjudging the petitioner as insolvent and directing the Official Receiver, the 1st respondent herein, to deal with the ‘B’ schedule property as per law. The grievance of the petitioner is that as there were threats from his creditors, he was out of station for some time and, taking advantage of this situation, the 1st respondent, without any authority of law and contrary to the orders dated 10.08.2005 passed in the said I.P., sold his dwelling house, which was shown as ‘B1’ schedule in the said I.P., to the 2nd respondent by way of auction. Hence, the petitioner filed this writ petition. There is no necessity of going into all the details. Today, at the hearing, when it was pointed out by this Court that the petitioner has an effective remedy by moving an application before the Court below, seeking redressal of his grievance, as provided under Section 68 of the Provincial Insolvency Act, the learned counsel for the petitioner admitted the same and requested to grant some time for the petitioner to avail the said remedy, by moving an appropriate application before the Court below, which is not opposed by the learned counsel appearing for the respondents. Considering the facts and circumstances of the case and the request made by the learned counsel for the petitioner, the writ petition is disposed of directing the petitioner to file an appropriate application under Section 68 of the Provincial Insolvency Act before the Court below and, on filing such an application, the Court below shall dispose of the same within a period of two months thereafter. _____________ C.V.RAMULU,J 07.10.2010 v v