BADEPALLI HAREESH REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition was filed seeking the following relief:

(2.) Contents of the affidavit filed by 2nd petitioner, in brief, are that 2nd petitioner is the younger brother of 1st petitioner and he gave affidavit on his behalf and on behalf of 1st petitioner. On 4/2/2024, 2nd petitioner was informed by the Secretary of 5th respondent that his father availed loan from 5th respondent during February, 2019 for purchase of sheep and stressed them to make payment against the said loan; that on 20/3/2024, petitioners got issued legal notice to 5th respondent demanding them to furnish documents, relating to the alleged loan transaction, said to have contracted by their father; that 5th respondent got issued reply notice, dtd. 6/4/2024 stating that an amount of Rs.4,76,700.00 was sanctioned to their father to purchase sheep and upon his instructions the said amount was paid to one Mr. Nagendra Reddy and their father was said to have executed all the relevant documents including mortgaging the property on 2/3/2019. It was also stated in the reply notice that the father of petitioners made part payment of Rs.21,400.00 on 19/3/2021 and demised thereafter and thus, the petitioners being the legal heirs, they are liable to pay the debt; that in the reply notice, it was further stated that 5th respondent initiated proceedings before 3rd respondent vide Claim No.155/2021-22 for the amount due, being the installment due as on the date.

(3.) At the stage of admission in the Writ Petition, this Court, vide Order, dtd. 18/7/2024 granted interim stay of all further proceedings pursuant to the impugned order passed by 2nd respondent, subject to depositing of Rs.80,000.00 (Rupees eighty thousand only) within a period of four (04) weeks from the date of the order, failing which, without reference to further proceedings, interim stay granted, stands automatically vacated. In compliance of the aforesaid order, petitioners deposited an amount of Rs.80,000.00 (Rupees eighty thousand only) in the form of Demand Draft, dtd. 12/8/2024 drawn in favour of 5th respondent and submitted the same to 5th respondent.