THE HON’BLE Ms. JUSTICE G. ROHINI Writ Petition No. 905 of 2003 Dated: 23.09.2010 Between: B.C.Subba Reddy, Kadapa District. … Petitioner And The Mandal Revenue Officer, Kadapa District and another. … Respondents THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 905 of 2003 O R D E R : This writ petition is filed seeking a declaration that the action of the 1st respondent in initiating proceedings under the A.P. Revenue Recovery Act, 1864 (for short ‘the Act’) for recovery of a sum of Rs.2,27,295/- is arbitrary and illegal. Heard both sides. The material available on record shows that the petitioner was awarded the work of Formation of Embankment (Single Bund No.IV) from K.M. 136.144 to 136.470 of Telugu Ganga Project Main Canal vide agreement dated 14.11.1987 by the Superintendent Engineer, Telugu Ganga Project Circle, Kadapa. Alleging that the petitioner failed to complete the work, the contract was terminated by order dated 04.03.1993 under clause 60 (a) of the P.S to A.P.S.S duly forfeiting the E.M.D and F.S.D. Thereafter, the impugned notices dated 09.08.2002 and 09.09.2002 were issued seeking to recover a sum of Rs.2,27,295/- from the petitioner by invoking the provisions of the Act. Aggrieved by the same, the present writ petition has been filed contending inter alia that the proceedings initiated under the Act without determining the amounts allegedly due from the petitioner is arbitrary and illegal. Though a counter affidavit is filed by the 2nd respondent, nothing has been mentioned as to the enquiry and determination of the liability of the petitioner before issuing the impugned notices under the Act. Though termination of contract was preceded by a notice, the counter is silent about the determination of the amounts allegedly due from the petitioner. As held by a Division Bench of this Court in B.C. Mulajkar v. Government of Andhra Pradesh[1] determination of liability and amount due towards such liability are conditions precedent for initiation of proceedings under the Act. Since no such determination is made in the present case, the impugned notices are hereby set aside and the writ petition is disposed of leaving it open to the respondents to initiate fresh proceedings following due process of law. No costs. ​ ______________ G. ROHINI, J Date: 23.09.2010 KLP [1] AIR 1971 A.P. 169