THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5709 OF 2003 DATED 29TH JULY, 2011 BETWEEN Akula Ramakrishna …Petitioner And A.P.State Financial Corporation, Represented by its Senior Branch Manager, 2nd Floor, Pioneer House, Labbipet, Vijayawada-520 001 and another. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5709 OF 2003 ORDER: Notice dated 25.03.2003 issued by the Andhra Pradesh State Financial Corporation invoking the powers under Section 52-A of the Andhra Pradesh Revenue Recovery Act, 1864 is under challenge. This Court, by order dated 01.04.2003, granted stay of the auction proposed to be conducted by the respondent Corporation. Sri M.Vidya Sagar, learned standing counsel for the respondent Corporation, tried to support the action of the respondent Corporation in issuing the impugned notice for recovery of loan amount allegedly due from the petitioner. However, in the light of the law laid down by the Supreme Court in STATE OF KERALA v. V.R. KALLIYANIKUTTY[1], it is clear that it is not open to the respondent Corporation to take recourse to the provisions of Section 52-A of the Andhra Pradesh Revenue Recovery Act, 1864 for recovery of loans which are otherwise time-barred. The impugned notice therefore cannot stand in the light of this settled legal position. The Writ Petition is accordingly allowed setting aside the impugned notice dated 25.03.2003. Miscellaneous petitions filed in the writ petition shall stand dismissed as infructuous in the light of this final order. No costs. ____________________ SANJAY KUMAR, J. 29TH JULY, 2011. VGSR/PGS [1] (1999) 3 SCC 657