ORDER :

1. This petition is filed questioning the orders passed by the Government in Memo No. 6645/Vig.II(1)/2007-7, dated 03.03.2011 for affecting recovery of an amount of Rs. 84,682/- and Rs. 1,75,099/- for the alleged loss caused for the Agricultural Market Committee (AMC), Chirala and Addanki for expiry of Pesticides and the consequential orders issued in Rc. No. 17/2011 dated 26.4.2011 of the concerned AMCs for payment of the said amounts without following due process of law and the consequential orders issued by the District Collectors in Roc. No. 4422/2011/D7, dated 12.10.2014 for affecting recovery under Revenue Recovery Act and the orders of the Tahsildar, dated 05.03.2016, as illegal and arbitrary.

2. Heard Mr. P.V. Ramana, learned counsel appearing for the petitions and learned Government Pleader for Services-II, Mr. B. Prakasam, learned Standing Counsel for AMC and learned Government Pleader for Agriculture appearing for the respondents.

3. Learned counsel for the petitioner submits that the petitioner retired from service as Selection Grade Secretary on 31.5.2007. Before his retirement, the petitioner worked as Secretary Grade II, AMC, Chirala from 18.12.1995 to 22.1.2000. The petitioner also continued as In-charge Secretary Grade-II of AMC, Addanki from 12.12.1997. During the said period, no Pesticides were expired and while relieving from the said places, the petitioner handed over the entire stock in good condition to the successor Officers. Thereafter, the petitioner was retired from service on 31.5.2007. But to his utter surprise, the Government has issued the impugned proceedings, dated 03.03.2011 for effecting recovery from three officers on the ground that they are responsible for expiry of fertilizers and pesticides. The 2nd respondent-Commissioner and Director of Agricultural Marketing was directed to take necessary action by invoking provisions under Revenue Recovery Act.

It is further stated that on 26.4.2011 the person-in-charge, AMC, Chirala and Addanki issued orders asking the petitioner to pay the above amounts within 15 days, failing which, necessary criminal action or action under the Andhra Pradesh Revenue Recovery Act (for short “the Act”) will be initiated. On 06.06.2011, when the petitioner asked information in respect of fixation of responsibility of loss and the basis on which the responsibility was fixed, the AMC, Addanki informed that it is not feasible for them to furnish information. Thereafter, on 14.05.2011, the petitioner submitted his reply stating that he is not responsible for the loss of expiry fertilizers and pesticides and the same were handed over to his successors in good condition. The 5th respondent, vide order, dated 12.10.2014 directed the 6th respondent for taking action to recover the amounts under the Act, based on the letter, dated 14.6.2011 and AMC, Addanki, dated 16.6.2011. Accordingly, the 6th respondent issued restraint order on 5.3.2016 to the petitioner. Questioning the above, the present writ petition has been filed.

4. Counter affidavit is filed by the respondents 1 and 2, denying all the allegations made in the petition. It is contended that, in the said Memo, it was stated in respect of AMC, Chirala during 1998 bulk purchases of Seeds, Fertilizers & pesticides were made during the years 1998-99 and 1999-2000 by the petitioner herein. The unsold and expired Pesticide of 211 Ltrs and 57 Kgs granules which are not fit for further use, which cost was calculated at Rs. 87,395/-. It is further stated that, the Government in Memo No. 6645/Vig.II(1)/2007-7, dated 03.0.2011 requested the 2nd respondent to take necessary action to initiate criminal action or action under A.P.R.R. Act 1964 for recovery of loss caused to the AMC, Chirala and Addanki. The expired stocks of Fertilizers & Pesticides for a tune of Rs. 2,62,503/- as per GAD (V&E), department. It is further stated that the impugned orders are not contrary to law and is valid. Therefore, prayed to dismiss the petit