THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.444 of 2007 Date: 12.08.2010 Between: Smt.Khujasta Sultana .. Petitioner AND The State of A.P., rep.by its Principal Secretary, Agricultural Department, Secretariat, Buildings, Hyderabad and 2 others .. Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.444 of 2007 ORDER: The petitioner challenges the distraint order dated 02.11.2006 passed by the Tahsildar, Shaikpet Mandal under the provisions of the Andhra Pradesh Revenue Recovery Act, 1864 (for brevity ‘the Act’) seeking to attach the petitioner’s house bearing No.8-1-351/A/25, Adams Colony, Towlichowki, Hyderabad and sell away the same for recovery of the amount allegedly due from the petitioner’s husband towards the funds said to have been misappropriated by him during the years 1994-96. The petitioner claims to have submitted objections under letter dated 29.12.2006 to the aforestated proceedings claiming exclusive title to the subject property. Her grievance is that the respondent authorities failed to receive and consider the same. The petitioner claims ownership over the subject property under a notarised agreement of sale dated 05.03.1987 said to have been executed in her favour by M/s. Adams Co-operative Housing Society Limited. Documentary evidence in the form of an allotment letter from the said Society, an electricity bill, building regularization receipt etc., have been placed on record to demonstrate that the subject property belongs to and stands in the name of the petitioner. The petitioner’s husband, Mohd. Aleemuddin, a government employee was subjected to disciplinary proceedings and under G.O.Rt.No.421, Agriculture and Cooperation (VIG-1) Department, dated 20.05.2003, the Government directed recovery of sum of Rs.11,89,029.70 from him under the provisions of the Act. Pursuant to the same, proceedings were initiated under the Act leading to the issuance of the impugned distraint order. The petitioner claims to have made enquiries upon coming to know of the same and raised objections by way of her letter dated 29.12.2006, which allegedly was not received by the respondent authorities. Hence, she filed this writ petition. By order dated 05.01.2007, this Court directed the authorities not to confirm the sale of the subject property without obtaining necessary orders from this Court. The Tahsildar, Shaikpet Mandal, second respondent herein, filed a counter affidavit stating that pursuant to the orders of the Government directing recovery of the sum due from Mohd. Aleemuddin, a notice was issued to him on 02.11.2006 and as he failed to respond, the distraint order dated 28.12.2006 was issued attaching the subject property and movables situated therein. With regard to the petitioner’s objections dated 29.12.2006, it is stated that no such objections were received by the authorities. The Officer further stated that if such objections were placed on file along with documentary evidence in support of the petitioner’s claim, the same would be considered and upon proper enquiry, a decision would be taken. In the light of the stand put forth by the respondents as evidenced by the counter, it would suffice to direct the respondents to consider the petitioner’s objections embodied in her letter dated 29.12.2006 and take a decision in the matter after causing an enquiry into the claims of the petitioner. The petitioner is permitted to place a copy of the letter dated 29.12.2006 along with relevant documentary evidence before the Tahsildar, Shaikpet Mandal within 10 days from the date of receipt of a copy of this order. Upon receipt of such material, the Tahsildar, Shaikpet shall cause an enquiry into the matter, duly giving an opportunity of hearing to the petitioner, and pass a reasoned order duly communicating the same to the petitioner. This exercise shall be completed within four weeks from the date of receipt of the objections and documentary evidence from the petitioner. The writ petition is accordingly disposed of with the aforestated directions. There shall be no order as to costs. __________________ SANJAY KUMAR, J Date: 12.08.2010 Isn