HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.8009 OF 2002 ORDER: The petitioner availed a loan of Rs.85,500/- from the 1st respondent Bank for purchase of a Photocopy Machine under the Prime Minister’s Rozgar Yojana Scheme. He states that a sum of Rs.15,000/- was paid in the form of daily deposits. The 2nd respondent i.e. the Deputy Tahsildar, Recovery Officer, Lead Bank, S.B.H., issued Distraint Order, dated 12-04-2002. The same is challenged in this writ petition. 2. Heard the learned counsel for the petitioner. There is no representation for the respondents, nor any counter affidavit is filed. 3. It is a matter of record that the 1st respondent filed O.S. No.270 of 2000 against the petitioner in the Court of the III Senior Civil Judge, City Civil Court, Secunderabad, for recovery of the sum, under the loan transaction. Having filed the suit, he ought to have awaited its disposal. The initiation of proceedings under the Andhra Pradesh Revenue Recovery Act, 1864, even while a suit is pending for recovery of the same amount, is untenable in law. It is not known as to whether any subsequent developments have taken place. 4. The Writ Petition is, accordingly, dismissed. However, it is directed that the parties shall abide by the result of the suit O.S.No.270 of 2000 in the Court of the III Senior Civil Judge, City Civil Court, Secunderabad. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J January 28, 2011. KTL