THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.32897 of 2010 Date: 28.12.2010 Between: Siripurapu Nehru ..... Petitioner AND The Andhra Pradesh State Finance Corporation, Hyderabad and another .....Respondents Counsel for the Petitioner: Smt Y.L. Shivakalpana Reddy Counsel for Respondents: Sri M.S. Ramachandra Rao, standing counsel for APSFC The Court made the following: ORDER: This writ petition is filed for a Mandamus to set aside the proceedings dated 13.12.2010 of respondent No.2, whereby he has called upon the petitioner to pay a sum of Rs.8,00,000/- as allegedly agreed by the petitioner’s father, failing which, he will be constrained to initiate stringent recovery action. The petitioner has pleaded that as the alleged debt is time barred, the impugned notice is illegal. At the hearing, Smt. Y.L. Shivakalpana Reddy, the learned counsel for the petitioner placed reliance on the judgment of the Supreme Court in State of Kerala vs. V.R. Kalliyanikutty[1] and the judgment of this Court in N.A. Radha vs. State of Andhra Pradesh[2] in support of the petitioner’s plea that the time barred debt cannot be recovered by initiating the proceedings under the provisions of the Andhra Pradesh Revenue Recovery Act, 1864 (for short ‘the Act’). The learned standing counsel for the respondents submitted, in my view rightly, that respondent No.2 has not referred to the provisions of the Act in the impugned notice and that as no such action has been initiated so far, the writ petition is premature. In the light of the above facts, I hold that the Writ Petition is premature. The petitioner is entitled to avail its remedy if and when the provisions of the Act are invoked by the respondents for recovery of the debt from him. Subject to the above liberty, the Writ Petition is dismissed. As a sequel to dismissal of the writ petition, W.P.M.P.No.41793 of 2010 filed by the petitioner for interim relief is dismissed as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 28th December, 2010 GHN [1] AIR 1999 SC 1305 [2] 2000(2) ALT 484