THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27213 of 2010 Date: 30.11.2010 Between: Vedula Govinda Sarma ..... PETITIONER AND The District Collector, Kakinada and others. .....RESPONDENTS Counsel for the Petitioner : Mr. Thoom Srinivas Counsel for Respondent Nos.1 & 4 : A.G.P. for Revenue The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27213 of 2010 Order: This writ petition is filed for a mandamus to set aside the auction notice bearing No.310/2010, dated 10.10.2010, whereby the property admeasuring 6.00 acres comprised in Survey No. 254 of Dondavaka Village, Tuni Mandal, East Godavari District, is sought to be sold. I have heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue representing respondent Nos. 1 and 4. In the view this Court is proposing to take it is not necessary to hear respondent Nos. 2 and 3. Respondent No.3 is stated to be in arrears of dues payable to respondent No.2. For recovery of these dues, proceedings under the provisions of the Revenue Recovery Act have been initiated. As a part of process of recovery of arrears, the above mentioned property belonging to respondent No.3 was brought to sale. The petitioner, who is claimed to have entered into an agreement of sale with respondent No.3 for purchase of this property filed the present writ petition. On 2.11.2010, this Court granted interim stay of all further proceedings in pursuance of the auction notice subject to the petitioner depositing with respondent No.2 one third of the arrears owed by respondent No.3 before the scheduled time and date of the auction and the balance amount within two weeks. At the hearing, Sri T. Srinivas, learned counsel for the petitioner submitted that in pursuance of the direction, his client has deposited one third of the arrears before the scheduled auction time and that the auction was put off. The petitioner has, however, filed an application, i.e. W.P.M.P. No. 35879 of 2010 for extending the time for payment of the balance amount. At the hearing, learned counsel for the petitioner submitted that his client may be granted a month’s time for depositing of the balance arrears payable by respondent No.3. As the petitioner has showed his bona fides by depositing one third of the amount as directed above, I deem it appropriate to accept the request of the petitioner for extension of time for payment of the balance amount. The writ petition is accordingly disposed of in the following terms. 1) Within one month from today, the petitioner shall deposit all outstanding amounts payable by respondent No.3 to respondent No.2 with the latter. On such deposit, respondent No.2 shall drop all further action for recovery of arrears from respondent No.3 and release the property to her to enable her to register the property in favour of the petitioner under an agreement of sale. 2) In the event of failure of the petitioner to comply with the above condition of depositing the amount within the stipulated time, respondent No.2 shall be free to proceed further with the recovery of arrears in accordance with law. As a sequel to disposal of main petition, W.P.M.P. No.35879 of 2010 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY,J DATE: 30th November, 2010 pnb