IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 10419 of 2003 Between: 1 G. Sudhakar S/o. Anjanna Chalki, Nyalkal Mandal, Medak District 2 Thirpathi Reddy S/o. Jaganadha Reddy Metalkunta, Nyakal Mandal, Medak District 3 Bhaskara Reddy, S/o. Vittal Reddy Mirjapur-N, Nyalkal Mandal Medak District 4 Vittal Reddy S/o. Dharmareddy Khalalpur, Nyalkal Mandal Medak District 5 Swamprabha W/o. Vittal Reddy Dappur, Nyalkal Mandal, Medak District 6 M. Veershetty S/o. Shivaray Rathnapur, Nyalkal Mandal Medak district 7 Gangamma W/o. Adivappa Nyalkal, Nyalkal Mandal Medak District 8 Smt. Surekha W/o. Sangappa Raghavapur, Nyalkal Mandal Medak District 9 Gaibu S/o. Shivaram Nyalkal, Nyalkal Mandal, Medak District 10 S. Uma W/o. Rachanna Hudnuru, Nyalkal Mandal Medak District 11 C. Jeorge S/o.Sangappa Ameerabad Nyalkal Medak District 12 Vijayakumar S/o. Sangappa Janavada Nyalkal Mandal Medak District 13 Vittal S/o. Mittappa Ranjithal Nyalkal Mandal Medak District 14 Putti Nagamma W/o. Narsappa CHAKURTHI NYALKAL MEDAK DISTRICT 15 Mahatha Bee W/O. Gafforsab Tekur, Nyalkal Mandal Medak district 16 Smt. Eswaramma Patil W/o. Shivaraj Patil Kaliveyula Nyalkal Mandal Medak District 17 Smt. Hanmavva W/o. Prabhugonda Milgi, Nyalkal Mandal Medak District ..... PETITIONERS AND 1 The Mandal Revenue Inspector Nyalkal Mandal, Medak District 2 The Mandal Revenue Officer, Nyakal Mandal, Medak District 3 The District Collector Medak District at Sangareddy .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate writ order or direction, declaring that the action of the respondents in calling upon the petitioners to pay the value/price of Rice meant from Food for Work Programme, is arbitrary, without jurisdiction and illegal and further declare that the provisions of the A.P. Revenue Recovery Act, cannot be invoked for recovery of the alleged amount for the Food for Work Programme and direct the respondents to forbear form recovery of any amount from the petitioners towards the value/price of rice meant for Food for Work Programme. Counsel for the Petitioners: MR.V.VENKATARAMANA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10419 of 2003 ORDER: The petitioners are Sarpanches of Gram Panchayats of diﬀerent Villages in Medak District. They ﬁled the present writ petition assailing the notices issued under the Andhra Pradesh (Revenue Recovery) Act, 1864, calling upon them to pay diﬀerent sums of amount allegedly towards cost of rice under ‘food for work’ programme which was diverted by them for other purposes. This Court, while admitting the writ petition on 12.06.2003, stayed the demand in W.P.M.P.No.13086 of 2003 on condition of each petitioner furnishing third party security to the satisfaction of the oﬃcer concerned. The respondents have moved W.V.M.P.No.1263 of 2007 for vacating said interim order. As the question raised in this writ petition is covered by the judgment of this Court in W.P.No.10420 of 2003 and batch dated 23.01.2008, this writ petition is being disposed of. Both the counsel accepted that in said batch referred to hereinabove, this Court considered the question as to whether there can be a demand notice under the Act without determination of the quantum of the amount payable. This Court following the ratio in B.C.Mulajkar v State[1] allowed said batch of writ petitions quashing the demand notices and giving liberty to the respondents to conduct fresh enquiry and recover the amounts from the petitioners as per law. Following said judgment dated 23.01.2008, this writ petition is also disposed of quashing the impugned notices and it shall be open to the respondents to conduct enquiry afresh determining the quantity of rice and amount payable under the Act, and recover the amount as per law. No costs. _____________ (V.V.S.RAO, J) 08th September, 2008 GHN To 1 The Mandal Revenue Inspector Nyalkal Mandal, Medak District 2 The Mandal Revenue Officer, Nyakal Mandal, Medak District 3 The District Collector Medak District at Sangareddy 4 2CCs to GP for Civil Supplies. 5 2CD copies Form-NIC-OGS/WP{ } [1] AIR 1971 AP 169