Andhra Pradesh High Court - Amravati
M Venkata Ramana Murthy vs The Managing Director on 28 January, 2021
Bench: M.Ganga Rao
° (SHOW CAUSE NOTICE BEFORE ADMISSION) SE BRBHES
IN THE HIGH COURT OF ANDHRA PRADESH AT AM RAVATE: ERS
(SPECIAL ORIGINAL JURISDICTION) Bs Ww
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THURSDAY, THE TWENTY EIGHTH DAY OF JANUARY ¥
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THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION NO: 2124 OF 2021
Between: |
M Venkata Ramana Murthy, S/o.late Ramchandra Rao, R/o.D.No.3-104,
C/o.D.Viswanadha, Banker's Colony, Nr.Siva Balaji Temple, Presently working
D.E.E Housing board LN peta, Kothuru sub-division, Srikakulam.
...Petitioner
AND
1. The Managing Director, AP State Housing Corporation, Housing Department,
Govt. of Andhra Pradesh AP Secretariat, Velagapudi, Amaravati 522238.
2. The Project Director (PD), Collector's Office Complex, Srikakulam.
...Respondents
WHEREAS the Petitioner above named through his Advocate Sri G V S Kishore
Kumar presented this Petition under Article 226 of the Constitution of India praying that
in the circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ
of Mandamus declaring the action of the respondent No.2 in appropriating the complete
salary of the petitioner in alleged compliance with the Order dt.31.12.2019 in EP No.123
of 2018 in OS No.55 of 2018 on the file of the Hon'ble Senior Civil Judge at
Vizianagaram, vide notice in Lr.No.01/2019/E dt.30.01.2020 of the 2™ respondent as
arbitrary, illegal and ultra-virus of his powers as under section 60 C.P.C. and violative of
Article 14 and 21 of the Constitution of India and it is consequentially prayed to direct
the 2™ respondent to pay the salary after following the procedure as contemplated
under section 60 CPC in the interest of justice.
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri G V S Kishore Kumar,Advocate for the
Petitioner, directed issue of notice to the Respondents herein to show cause as to why
this WRIT PETITION should not be admitted. ,
You viz:
1. Managing Director, AP State Housing Corporation, Housing Department,
Govt. of Andhra Pradesh AP Secretariat, Velagapudi, Amaravati 522238.
2. The Project Director (PD), Collector's Office Complex, Srikakulam.
are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before
25.02.2021, on which date the case stands posted for hearing.
IA_NO: 2 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to suspend notice -
in Lr.No.01/2019/E dt.30.01.2020 issued by respondent No.2, pending disposal of
WP No. 2124 of 2021, on the file of the High Court.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to direct the ane
respondent to pay the salary after following the procedure as contemplated under
Section 60 CPC; pending disposal of WP No. 2124 of 2021, on the file of the High
Court.
The Court made the following:
' ORDER: :
"Notice before admission.
Sri E.V.Jagannadha Rao, learned standing counsel, takes notice for the 1™
respondent and waives further notice, and seeks time to file counter.
The case of the petitioner is that he is working as Assistant Engineer in the
respondents' organization at L.N.Peta, Srikakulam District. One Kovvada Krishna
obtained an ex parte decree and judgment dated 21.06.2018 passed in O.S.No.55
of 2018 on the file of Senior Civil Judge, Vizianagaram, against him for recovery
of an amount of an amount of Rs.9,98,000/- with cots. In furtherance, the decree-
holder filed E.P.No.123 of 2018 for recovery of suit amount of Rs.10,92,100/-. The
Executing Court issued salary attachment warrant dated 31.12.2019 directing the
24 respondent to withhold the E.P. amount from his salary in 24 equal monthly
installments. The 2" respondent, on receipt of the warrant and without following
the procedure laid down under the provisions of Section 60 of CPC as indicated
in the order of warrant of attachment vide Letter dated 30.01.2020 ordered to
deduct an amount of Rs.45,504/- from the petitioner's salary from the month of
February, 2020 in 24 equal monthly installments and send the amount to the
Court, which is illegal and arbitrary and contrary to the provisions of CPC.
Learned counsel for the petitioner submits that the gross salary of the
petitioner is Rs.65,132/- and after deductions, he receives an amount of
Rs.54,952/- towards net salary. The proviso (i) to Section 60(1) CPC says that the
salary to the extent of the first one thousand rupees and two third of the
remainder in execution of any decree other than a decree for maintenance, shall
not be attached. However, the 2™ respondent, contrary to the procedure laid
down under Section 60(1) of CPC, issued the impugned letter dated 30.01.2020
directing to deduct an amount of Rs.45,504/- from the salary of the petitioner from
the month of February, 2020 in 24 equated monthly installments to satisfy the E.P.
amount, which is illegal, arbitrary and contrary to the provision of Section 60(1) of
CPC.
Having regard to the facts and circumstances of the case and considering
the submissions of the learned counsel, and on perusal of the record, this Court
prima facie satisfied that the petitioner has shown sufficient cause for grant of
interim direction.
Accordingly, there shall be interim suspension of the impugned letter dated
30.01.2020 issued by the 2" respondent and the 2"? respondent is directed to
deduct the salary of the petitioner towards compliance of E.P. amount, as per the
procedure contemplated under Section 60 of CPC. A
Post on 25.02.2021." Sd/-K.TataRao
ASSISTANT R
YS
IITRUE COPY !]/ SECTION OFFICER
To,
1. Managing Director, AP State Housing Corporation, Housing Department,
Govt. of Andhra Pradesh AP Secretariat, Velagapudi, Amaravati 522238.
2. The Project Director (PD), Collector's Office Complex, Srikakulam.(by RPAD-
along with a copy of petition and Affidavit)
3. One CC to Sri. G V S Kishore Kumar Advocate [OPUC]
4. One spare copy.
MSB
HIGH COURT
MGR,J
DATED:28/01/2021
ORDER
POST ON 25.02.2021
NOTICE BEFORE ADMISSION
WP.No.2124 of 2021
INTERIM DIRECTION
LER OF ANDRAS
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