G VENKATESH Vs. DISTRICT COLLECTOR HYDERABAD DISTRICT KING KOTI HYDERABAD
HIGH COURT OF ANDHRA PRADESH
DISTRICT COLLECTOR, HYDERABAD DISTRICT KING KOTI HYDERABAD
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(1.) THE only question that arises in this writ petition is whether the amounts due to the Housing Board under a contract entered into by the petitioner's father with it, can be recovered as arrears of revenue under the provisions of the Andhra Pradesh Revenue Recovery Act, 1864. Now the Housing Board is an independent local entity distinct from the Government. It is created under the Andhra Pradesh Housing Board Act. It is undoubtedly a public body and even deemed to be a local authority for certain purposes specified in the Andbra Pradesh Housing Board Act. But the question at issue has to be answered with reference to section 52-A of the Andhra Pradesh Revenue Recovery Act, which reads as follows: "52-A. Recovery of sums due to certain banks and other public bodies as arrears of fand revenue:
(1) Without prejudice to any other mode of recovery which is being taken or may be taken all loans granted and all advances made to any person: (i) by any Bank to which the repayment of the said loans and advances is guaranteed by the State Government; or (ii) by such Corporation established by or under a Central or Provincial or State Act, or Government Company as defined in section 617 of the Companies Act, 1956, or such other public body, as may be notified in this behalf by the State Government in the Andhra Pradesh Gazette; together with interest on such loans and advances and all sums such as rents, margin money and the like, due to the bodies mentioned aforesaid may be recovered in in the same manner as arrears of land revenue under the provisions of this Act: Provided that the State Government may by notification in the Andhra Pradesh Gazette, specify the loans and advances together with interest thereon, and other sums due to the bodies mentioned in item (a) above which may be recoverable under the provisions of this section. Explanation:-In this sub-section, "bank means any banking company as defined in clause (r) of section 5 of the Banking Regulation Act, 1949 and indudes- (a) the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934; (b) the State Bank of India constituted under the State Bank of India Act, 1955 (c) any subsidiary bank as denned in the State Bank of India (Subsidiary Banks) Act 1959; (d) any corresponding new bank constituted under section 3 of Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970
(2) Out of the proceeds of the dues pertaining to the bodies mentioned in item (ii) of sub-section (i) so recovered, ten per centum thereof shall be deducted towards the collection charges and the balance shall be paid by the Collector or other officer empowered by the Collector in that behalf, to the respective bodies. (Italics added.) I called upon Mr. Janardhana Rao, the learned Standing Counsel for the Andhra Pradesh Housing Board to verify and tell me whether there is any notification by the State Government published in the Andhra Pradesh Gazette notifying the Housing Board as one of the public bodies for the purposes of clause (2) of section 52-A (1) (ii) or for the purposes of the proviso there to. THE learned Counsel stated after verification that there is no such notifications. If so, it is unnecessary to consider whether the other requirements of section 52-A (1) are satisfied in this case or not It must he held that the amount due to the Housing Board under a contract cannot be recovered under the provisions of the Andhra Pradesh Revenue Recovery Act. THE writ petitions is accordingly allowed. No costs. Advocate's fee Rs. 150. This order does not however preclude the Housing Board from seeking to recover the amount due from the petitioner in such other manner as may be open to it in law. Writ Petitions allowed;
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