THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 3824 of 2003 Date: 24.11.2011 Between: L.Krishna Shankar … Petitioner And Government of Andhra Pradesh, Rep., by Commissioner of Sericulture, Hyderabad and 2 others. … Respondents HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 3824 of 2003 O R D E R : This writ petition is filed seeking a declaration that the action of the 2nd respondent in initiating proceedings under the Revenue Recovery Act, for recovery of the amount allegedly due from the petitioner towards the loan availed by M/s. Maruthi Gold Star Silks Limited is arbitrary and illegal. This Court, while ordering notice, by order dated 04.03.2003 granted interim stay of all further proceedings pursuant to the distrain warrant under Section 3 of the Revenue Recovery Act. Subsequently, by order dated 25.09.2003, the interim stay was made absolute subject to the condition of petitioner depositing a sum of Rs.8 lakhs with the 3rd respondent within a period of six weeks from the date of receipt of the order. As could be seen from the material available on record, even by the date of the impugned proceedings, O.S.No.184 of 1998 on the file of the Court VIII Additional Chief Judge, City Civil Court, Hyderabad filed by the Hyderabad Sericulture, Andhra Pradesh, against the writ petitioner for recovery of a sum of Rs.32 lakhs with further interest at 10% was pending. It is not disputed before this Court by the respondents that the amount claimed in the said suit included the amount sought to be recovered under the proceedings impugned in this writ petition. Since the petitioner is disputing his liability and moreover, the suit filed by the respondents is pending before a competent civil Court, I find force in the submission of the learned counsel for the petitioner that the impugned proceedings initiated under the Revenue Recovery Act, 1890 are unwarranted. Accordingly, the impugned proceedings are hereby set aside. However, the amount deposited by the petitioner in compliance with the interim order passed by this Court shall be subject to the result of O.S.No.184 of 1998 pending on the file of the Court of the VIII Additional Chief Judge, City Civil Court, Hyderabad. Writ Petition is accordingly disposed of. No costs. ______________ G. ROHINI, J Date: 24.11.2011 KLP7