WP/38505/2013 of Kalapala Johnson Vs Government of Andhra Pradesh, rep. by its Principal on 30 December 2013

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No.38505 of 2013

Date:30.12.2013

Between: Kalapala Johnson, S/o Late John

..... Petitioner

And:

The Govt of AP, reptd by its Principal Secretary, RevenueDepartment, Hyderabad and four others.

.....Respondents

Counsel for the Petitioner: Sri Ch.Sudarsana RaoCounsel for Respondent Nos.1 & 2: AGP for Revenue The Court made the following:ORDER:

This Writ Petition is filed with the grievance thatrespondent No.2 has not been initiating proceedingsunder the Revenue Recovery Act, 1890 in terms ofSection 25(3) of the Consumer Protection Act, 1986 (forshort ‘the Act’).

In the view this Court is proposing to take, it is notnecessary to put respondent Nos.3 to 5 on notice. The petitioner succeeded in C.D.No.47 of 2000 onthe file of the District Consumer Forum, Guntur againstrespondent Nos.3 to 5. Under the order, dated27.08.2001, passed by the District Consumer Forum, thepetitioner is entitled to recover a sum of Rs.4,60,000/-with interest at the rate of 18% from 01.01.2000 till thedate of payment and also a sum of Rs.2,000/- towardscompensation. As respondent Nos.3 to 5 failed to comply with the said order of the District Consumer Forum, thesaid Forum has imposed the penalty of imprisonment onrespondent No.4. Later, the petitioner filed E.P.No.2 of2008 in C.D.No.47 of 2000 before the District ConsumerForum , Guntur, for issue of Recovery Certificate.Accordingly, a Recovery Certificate was issued to him bythe District Consumer Forum on 23.07.2008. Thereafter,as no proceedings have been initiated by respondentNo.2, the petitioner approached respondent No.1 whowas stated to have forwarded the petitioner’srepresentation to respondent No.2. As no action wastaken by respondent No.2, the petitioner has caused alegal notice issued to respondent Nos.1 and 2 apart fromthe Tahsildars of Thullur and Pedakurapadu Mandals on31.12.2012. As all his efforts did not fructify, the petitionerfiled this Writ Petition.

Section 25(3) of the Act reads as under:

"Where any amount is due from any person underan order made by the District Forum, the StateCommission or the National Commission, as thecase may be, the person entitled to the amount maymake an application to the District Forum, the StateCommission or the National Commission, as thecase may be, and such District Forum or the StateCommission or the National Commission may issuea certificate for the said amount to the Collector ofthe District (by whatever name called) and theCollector shall proceed to recover the amount in thesame manner as arrears of land revenue."

From the above reproduced provision, it is evidentthat once a Certificate is issued by the District Forum, theState Commission or the National Commission,respondent No.2 has no option other than proceeding torecover the amount covered by the Recovery Certificateas the arrears of land revenue.

In the facts and circumstances, the petitioner ispermitted to make a representation to respondent No.2by enclosing a copy of the Recovery Certificate issued by the District Consumer Forum, Guntur. Within two weeksof receipt of such representation, respondent No.2 shallissue notices to the petitioner and respondent Nos.3 to 5and initiate appropriate proceedings in terms of Section25(3) of the Act after hearing all the parties.

Subject to the above directions, the Writ Petition isdisposed of.

As a sequel to disposal of the Writ Petition,W.P.M.P.No.47858 of 2013 filed by the petitioner forinterim relief is disposed of as infructuous.

____________________________

JUSTICE C.V.NAGARJUNAREDDY

30[th]December, 2013DR