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2022 Supreme(AP) 1149

D. V. S. S. SOMAYAJULU
Tata International Limited – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
P.Veera Reddy, Advocate, Kasa Jagan Mohan, Advocate, Challa Gunaranjan, Advocate, V.S.R.Anjaneyulu, Advocate, J.Ugra Narasimha, Advocate

JUDGMENT

1. This writ petition is filed by the petitioner seeking a writ in the nature of Mandamus for declaring the impugned order dtd. 23/11/2021 bearing R.C.No.985/2021/D3 confirming the distraint order and notice bearing R.C.No.141/2021/A dtd. 11/6/2021 as illegal and arbitrary etc.

The petitioner before this Court claims to be the owner of sugar which was purchased by them from respondent No.5. The contention of the State namely respondents 1 to 3 is that respondent No.5 defaulted in the payment of the price of the sugarcane to the farmers and therefore, they invoked the provisions of the A.P. Revenue Recovery Act, 1864 (for short 'the Act') to recover the sum due by attaching the sugar/property. The order of distraint and the subsequent order confirming the same which are mentioned above are the subject matter of the challenge.

2. This Court has heard Sri P.Veera Reddy, learned Senior Counsel for the petitioner, Sri Kasa Jagan Mohan Reddy, Special Government Pleader representing respondents 1 to 4 in the Office of the Advocate General, Sri Challa Gunaranjan, learned counsel appearing for respondent No.5, Sri V.S.R.Anjaneyulu, learned senior counsel for respondent No.6 and Sri

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