IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO.1450 OF 2005 DATED:24.03.2011 Between: Smt. Jhansi Laxmi … Petitioner And The Joint Collector Guntur, Guntur District and others … Respondents THE HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO.1450 OF 2005 ORDER: This writ petition is filed for a Writ of Mandamus to declare the action of the respondents in issuing the notice dt.21.12.2004 in R.C. No.784/03A under the Revenue Recovery Act, proposing to attach personal property of the petitioner to an extent of Ac.0.21 and house bearing D. No.5-110 in Sy. No.303 of Gullapalli Village, Cherukupally Mandal, Guntur District, for the lapses committed by the sixth respondent, who is husband of the petitioner, as illegal and arbitrary and consequently to set aside the said notice. It is the case of the petitioner that the sixth respondent – Ex. District Manager, Civil Supplies Department, Khammam, is her husband and for the irregularities committed by him, allegedly causing loss of revenue to the Civil Supplies Department, the Department has raised certain demands against him for recovery of the amount from the sixth respondent. In that regard, an urgent notice in Rc. No.784/03A dt.21.12.2004 was issued by the Mandal Revenue Officer, Cherukupalli, to the sixth respondent intimating that the Joint Collector, Guntur, has directed to attach the land to an extent of Ac.0.21 cents and house bearing D. No.5-110 situated in Sy. No.303 of Gullapalli Village, in the name of the wife of the sixth respondent, i.e., the petitioner herein, and accordingly the sixth respondent was called upon to appear before the Mandal Revenue Office on 28.12.2004. Aggrieved by the same, this writ petition is filed contending that the property sought to be attached by the impugned notice is the petitioner’s personal property, which was given to her by her grand-father by way of pasupu kumkuma, and therefore the action of the respondents in issuing the impugned notice proposing to attach her personal property, for the alleged irregularities committed by her husband - sixth respondent, is untenable. This Court on 2.2.2005 admitted the writ petition; and on 9.2.2005 in W.P.M.P. No.2554 of 2005 granted interim stay of attachment and sale of the property in question in pursuance of the impugned notice. It is stated by the learned counsel for the petitioner that as on date the property mentioned in the impugned notice was neither attached nor put to sale, in view of the interim order. It is to be noted that the writ petition as against the sixth respondent – Ex.District Manager, Civil Supplies, Khammam, stood dismissed vide order dt.29.12.2010. No counter affidavit is filed by the respondent Nos.1 to 5. Though the name of the Government Pleader for Civil Supplies is shown for the respondent Nos.1 to 5 in the cause list, none appears on behalf of the said respondents either on the earlier occasion, i.e., on 17.3.2011, or today. In the circumstances, I am of the view that without conducting any enquiry as to whether the property sought to be attached by the impugned notice, is the personal property of the petitioner or not, the same cannot be attached and sold towards recovery of money due from the sixth respondent. Accordingly, the Writ Petition is disposed of directing the respondent Nos. 1 to 5 not to attach and sell the property of the petitioner mentioned in the impugned notice, without conducting enquiry and without determining whether the said property is personal property of the petitioner or not. No costs. _______________________ V. ESWARAIAH, J 24.3.2011 bnr