IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE TWENTY SECOND DAY OF NOVEMBER, TWO THOUSAND TEN WRIT PETITION No.24048 of 2010 Between: Allu Vijaya Kumar. … Petitioner And: Government of Andhra Pradesh, reptd., by its Secretary, Panchayat Raj and Rural Development (Pts.II) Department, Secretariat Buildings, Hyderabad and others. … Respondents Counsel for the petitioner: Sri N.Siva Reddy. Counsel for the respondents: AGP for Panchayat Raj. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to set aside order dated 13-9-2010 of respondent No.4, whereby he has called upon the petitioner to remit a sum of Rs.2,69,955/-, which was allegedly due from him as per the audit reports. It is further stated therein that if the said amount is not remitted, action under the provisions of the A.P. Revenue Recovery Act, 1864 (for short “the R.R.Act”) for attachment of the petitioner’s property will be taken. The main premise on which the impugned notice has been questioned in this Writ Petition is that the respondents have failed to follow the procedure prescribed under Section 265 of the A.P. Panchayat Raj Act, 1994 (for short “the Act”). Though no counter- affidavit has been filed, the learned Assistant Government Pleader for Panchayat Raj appearing for the respondents, on instructions, fairly conceded that the impugned notice was not preceded by any action under Section 265 of the Act; and that, straightaway, on the basis of the audit report, the impugned notice has been given by invoking the provisions of the R.R.Act. The learned Assistant Government Pleader has, therefore, submitted that the impugned notice may be set aside with liberty to the respondents to follow the procedure envisaged under Section 265 of the Act. Having regard to the above submission of the learned Assistant Government Pleader, the impugned notice is quashed with liberty to the respondents to proceed against the petitioner in terms of the provisions of Section 265 of the Act. Subject to the above, the Writ Petition is allowed. ----------------------------------- --- C.V.NAGARJUNA REDDY,J Date:22-11-2010 MNR