B NAGASWAMY Vs. STATE OF A P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order of the learned Single Judge dated 27.11.2014 passed in W.P.No.36176 of 2014 filed by the appellant herein.

(2.) THE relief sought for in the writ petition is as follows: to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent No.2 in issuing the Recovery Certificates against the petitioners herein u/sec. 3(1) of the A.P. Revenue Recovery Act, 1890 vide letter No.6505/I.O/2012 -9, dated 17.09.2014 and Lr.6505/I.O/2012 -11, dated 17.09.2014 even before proving the guilt of the petitioners in Cr.No.119 of 2014 of Veldurthy police station as illegal, arbitrary and violative of principles of natural justice guaranteed under Article 21 of the Constitution of India and consequently set aside the same.

(3.) AS it could be understood on a reading of the aforesaid relief that the petitioners want to contend that until and unless the competent criminal Court decides the guilt of an offence in terms of the First Information Report, no recovery proceedings could be initiated. In other words, they want to say that civil authority should stay the recovery proceedings till the decision of the criminal Court.