THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CIVIL REVISION PETITION No.3764 of 2025

O R D E R

This Civil Revision Petition is filed by the petitioner, aggrieved by the order dated 19.09.2025 passed by the learned Agent to Government, Bhadradri–Kothagudem District, in I.A.No.400 of 2025 in O.S. No. 377 of 2025, wherein the learned Agent to Government directed attachment of an amount of Rs.6,00,000/- lying in the petitioner’s Savings Bank Account No. 62010101461 at State Bank of India, Karunagiri Branch, Khammam Rural Mandal, Khammam District.

2. Heard Mr.A.Raj Kumar, learned counsel, representing Mr.B.Sandeep Kumar, learned counsel for the petitioner and Mr.K.Rajshekar, learned counsel for the respondent.

3. Learned counsel for the petitioner submitted that the petitioner is a Government employee, and in the event the respondent succeeds, he would be entitled to recover the amount from the petitioner. However, the learned Agent to Government passed a cryptic order at the threshold, without giving an opportunity and without assigning any reasons, directing attachment of an amount of Rs.6,00,000/- lying in the petitioner’s bank account and the same is liable to be set aside.

4. Per contra, learned counsel for the respondent submitted that the petitioner had submitted an application before the competent authority on 19.01.2023 seeking voluntary retirement, and the petitioner had taken loans from several persons. It would be very difficult to recover the amount even if the respondent succeeds in the suit. In such circumstances, the respondent filed I.A.No.400 of 2025 seeking attachment of the amount lying in the petitioner’s bank account. He further submitted that the learned Agent to Government rightly passed the impugned order, and the petitioner is entitled to file an appropriate application before the learned Agent to Government seeking to raise the attachment. However, without availing such remedy, the petitioner has straightaway approached this Court and filed the present Civil Revision Petition.

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the respondent filed O.S.No.377 of 2025 for recovery of an amount of Rs.28,44,000/-. Along with the said suit, he filed I.A.No.400 of 2025, seeking attachment of Rs.6,00,000/- lying in the petitioner’s bank account. However, the learned Agent to Government, without issuing notice and without giving opportunity to the petitioner, passed the impugned order dated 19.09.2025. The said order reads as follows:

“Whereas the above named petitioner filed a petition before the Court to attach of Rs.6,00,000/- (Rupees Six Lakhs only(, which is an amount of holding by the respondnet in his savings Bank Account No.62010101461 at SBI Bank, Karunagiri Branch, Khammam Rural Mandal, Khammam District.

Therefore, you are directed to attach the above-said amount, till further orders and report compliance.”

6. The above order clearly reveals that the learned Agent to Government without issuing notice to the petitioner straightaway passed the order of attachment, especially without giving any reasons.

7. For the foregoing reasons, while exercising the supervisory jurisdiction conferred under Article 227 of the Constitution of India, this Court holds that the impugned order passed by the learned Agent to Government, Bhadradri–Kothagudem District, in I.A.No.400 of 2025 in O.S. No. 377 of 2025, dated 19.09.2025 is liable to be set aside and accordingly set aside. The learned Magistrate is directed to decide I.A.No.400 of 2025 in accordance with law, after giving opportunity to the parties, within a period of four (4) weeks from the date of receipt of a copy of this order. It is needless to say that the petitioner is entitled to raise all the grounds which are available in law.

8. With the above direction, the Civil Revision Petition is disposed of. No costs.

Miscellaneous applications, pending, if any, shall stand closed.

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