Andhra Pradesh High Court - Amravati
K.Vivekananda, vs Karri Venkata Reddy, on 11 September, 2025
APHC010169092024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3333]
(Special Original Jurisdiction)
THURSDAY,THE ELEVENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
CIVIL REVISION PETITION NO: 768/2024
Between:
1. K.VIVEKANANDA,, S/O.SATYANARATYANA, AGED 62
YEARS, PRESENTLY WORKING AS MANDAL EDUCATIONAL
OFFICER, KAJULURU MANDAL, KAKINADA, EAST
GODAVARI DISTRICT (MEO, KAJULURU IS TREATED AS
JDR VIDE COURT ORDERS DT.07.03.2024)
...PETITIONER
AND
1. KARRI VENKATA REDDY, S/O.AMMIREDDY, AGED 41
YEARS. CULTIVATION AND BUSINESS, D.NO.7-48,
ANAPARTHI, ANAPARTHI MANDAL, ANAPARTHI DMC
2. PULIDINDI MESHAK SAMUEL BABURAO, . S/O.SYAMSON,
AGED 55 YEARS. TEACHER, MANDAL PRAJA PARISHAD
SCHOOL, KATRAVULAPALLI, PEDDAPURAM MANDAL,
PEDDAPURAM DMC
3. DISTRICT EDUCATIONAL OFFICER, KAKINADA DISTRICT
KAKINADA
...RESPONDENT(S):
Petition under Article 227 of the Constitution of India,praying that
in the circumstances stated in the grounds filed herein,the High Court
may be pleased tomay be pleased to allow the revision and set aside
2
VS,J
CRP_768_2024
the Proceedings/Order passed in E.A.No.l07 of 2022 in
E.P.No.250/2015 in O.S.No.397 of 2015, dated 07.03.2024, on the file
of the Senior Civil Judge, Ramachandrapuram and consequently
suspend the Proceedings of the and 4th respondents in Rc.No.l301-
Al/2024 Dt. 15.03.2024 and grant
IA NO: 1 OF 2024
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 may be pleased to suspend the orders
dated: 07.03.2024 in E.A.No.107/2022 in E.P.No. 250/2015 in O.S.No.
397/2015 on the file of Senior Civil Judge, Ramachandrapuram, East
Godavari District pending disposal of the C.R.P. and pass
IA NO: 2 OF 2024
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 may be pleased to receive the order Dt.21-
05-2016 passed by the Senior Civil Judge Court,
Ramachandrapuram, East Godavari District which was acknowiedged
by the then Mandal Education Officer on 01.06.2016 who is the
garnishee as additional material papers and pass
IA NO: 3 OF 2024
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 pleased to permit the Petitioner to service
notice on the 2nd Respondent herein by way of substituted service by
publishing the notice in a daily newspaper having vide circulation and
pass
3
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CRP_768_2024
Counsel for the Petitioner:
1. M BALANAGA SRINIVAS
Counsel for the Respondent(S):
1.
The Court made the following:
4
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CRP_768_2024
ORDER:
This civil revision petition is filed by the petitioner/Mandal Educational Officer, Kajuluru Mandal under Section 115 of Code of Civil Procedure (for short "C.P.C."), challenging the order dated 07.03.2024 passed in E.A.No.107 of 2022 in E.P.No.250 of 2015 in O.S.No.397 of 2015 by the Senior Civil Judge, Ramachandrapuram, whereby, the Executing Court treated the Mandal Educational Officer (for short "MEO"), Kajuluru Mandal, petitioner herein, as Judgment Debtor and directed the District Educational Officer to attach the salary of the MEO, Kajuluru to a tune of Rs.5,01,046/- and remit the same to the credit of E.P.No.250 of 2015 in O.S.No.397 of 2015 by deducting salary of MEO, Kajuluru to the extent 1/3rd salary after deducting first portion of Rs.1,000/- till realisation of warrant amount or for 24 months, whichever is earlier.
2) The facts of the case, in brief, are that the petitioner herein is Garnishee in suit O.S.No.397 of 2015. Respondent No.1/plaintiff/ decree holder filed the said suit for recovery of an amount of Rs.3,00,000/- from respondent No.2/defendant/ judgment debtor. After full-fledged trial, the suit was decreed on 07.09.2015 for an amount of Rs.4,61,700/-. Respondent No.1 decree holder filed E.P.No.250 of 2015 for execution of the decree. As respondent No.2/judgment debtor was working as a teacher in Mandal Praja Parishad School, and the then Mandal Educational Officer, who was the disbursing officer, was served with a garnishee order dated 21.05.2016 directing him to withhold 1/3rd of the salary of respondent No.2 after deducting first portion of Rs.1,000/- till realisation of warrant amount or for 24 months, whichever is earlier. The then MEO acknowledged the order on 01.06.2016, till then the Garnishee has not taken any steps to deduct 5 VS,J CRP_768_2024 the salary of respondent No.2/ judgment debtor. Subsequently, the concerned MEO was also transferred from that place and the MEOs worked thereafter are not aware of the Garnishee order. On 11.10.2022, predecessor MEO of the petitioner herein has received a show cause notice from the Court and informed the Court on 27.10.2022 that respondent No.2/judgment debtor was already transferred from Kajuluru Mandal to Peddapuram Mandal and was relieved on 31.07.2017 and Last Pay Certificate was also issued to him. The executing Court issued show cause notice dated 19.01.2024 which was received by the petitioner herein on 29.01.2024 directing him to appear personally on 20.02.2024, but as the petitioner herein met with the accident, he has failed to appear before the Court. As the petitioner did not appear before the Court, the executing Court passed the impugned order directing the District Educational Officer concerned to attach the salary of the present Mandal Educational Officer, who is the petitioner before this Court. The present revision has been filed to set aside the said order.
3) During hearing, learned counsel for the petitioner contended that the petitioner herein has assumed charge as MEO on 03.07.2023 having been transferred from Konaseema District and that respondent No.1 Decree holder has not taken steps to get the decree executed even after the MEO filed reply on 27.10.2022 stating that respondent No.2/judgment debtor has been transferred to some other place. Further, the executing Court failed to consider the medical certificate issued by the doctor, and leave sanctioned by the District Educational Officer, Kakinada and the joining report of the petitioner herein explaining the reason for his absence on 20.02.2024, as such requested to set aside the impugned order dated 07.03.2024.
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4) Learned counsel for respondent No.1/decree holder supported the order passed by the executing Court in all aspects, and requested to dismiss the revision.
5) Admittedly, the suit O.S.No.397 of 2015 filed by respondent No.1/plaintiff/decree holder herein for recovery of money of Rs.3,00,000/- against respondent No.2/judgment debtor was decreed on 07.09.2015 for an amount of Rs.4,61,700/-. Thereafter, respondent No.1/decree holder filed E.P.No.250 of 2015 for execution of the decree, wherein Garnishee order was issued on 21.05.2016, and the same was acknowledged by the then MEO, Kajuluru Mandal on 01.06.2016.
6) Generally speaking, on receiving the Garnishee order, the then MEO should have acted promptly on the Garnishee order issued by the Court and deduct the amount from the salary, but he did not do so. However, respondent No.2/judgment debtor was transferred from Kajuluru Mandal and was relieved on 31.07.2017 and Last Paid Certificate was issued without recording about the Garnishee order. After six years i.e. on 11.10.2022 the then MEO received a show cause notice from the Court, and in turn, he informed the Court on 27.10.2022 that the judgment debtor was already transferred from Kajuluru Mandal to Peddapuram Mandal. Further, the Executing Court issued show cause notices in Dis.No.710 dated 17.12.2022 and Dis.No.422 dated 09.08.2023 stating that though respondent No.2/judgment debtor worked under the control of MEO till 31.07.2017, he failed to attach the amount and violated the Court orders and directed to appear him before the Court and submit proper explanation. Further, the executing Court issued show cause notice in Dis.No.74 dated 29.01.2024 directing the MEO to appear before the 7 VS,J CRP_768_2024 Court on 20.02.2024, but as the petitioner met with an accident and suffering from ill-health, he could not appear before the Court on that day. In support of his contention, he produced medical certificate dated 12.02.2024 issued by Poly Clinic and Hospital, Kakinada, and proceedings issued by District Educational Officer, Kakinada vide Rc.No.1031/A1/2024 dated 06.03.2024, which shows that the petitioner was granted medical leave (half pay leave) from 13.02.2024 to 22.02.2024.
7) However, the executing Court, without considering the medical certificate dated 12.02.2024 and proceedings of the District Educational Officer vide Rc.No.1031/A1/2024 dated 06.03.2024 sanctioning half pay leave to the petitioner from 13.02.2024 to 22.02.2024, passed the impugned order treating the MEO, Kajuluru (petitioner herein) as judgment debtor for his absence on 20.02.2024 and directed the District Educational Officer to attach the salary of the petitioner herein to a tune of Rs.5,01,046/- and remit the same to the credit of EP No.250 of 2015 in O.S.No.397 of 2015.
8) No doubt, non appearance of the petitioner before the Court on 20.02.2024 would amount to violation of Court order. But, the petitioner explained the justifiable reason which prevented him from appearing before the Court by producing medical certificate dated 12.02.2024 and proceedings issued by the District Educational Officer, Kakinada vide Rc.No.1031/A1/2024. Further, immediately on receiving the Garnishee order dated 21.05.2016, the then MEO, Kajuluru Mandal should have acted promptly on the Garnishee order issued by the Court and deduct the amount from the salary, but he did not do so. Later, it appears from the record, 6 MEOs have worked in Kajuluru Mandal before the petitioner herein assumed charge on 03.07.2023. It 8 VS,J CRP_768_2024 is also evident from the record, respondent No.2/ judgment debtor was transferred from that place and relieved on 31.07.2017 and last paid certificate was also issued to him without mentioning the salary attachment particulars as per Garnishee order issued by the Court. However, the executing Court passed order dated 07.03.2024 against the petitioner herein even though he produced medical certificate showing justifiable reason for his absence before the Court. In view of the circumstances narrated above, this Court feels it appropriate to set aside the impugned order.
9) Accordingly, the civil revision petition is allowed setting aside the impugned order dated 07.03.2024 passed in E.A.No.107 of 2022 in E.P.No.250 of 2015 in O.S.No.397 of 2015 by the Senior Civil Judge, Ramachandrapuram. However, the executing Court is directed to fix a fresh date by issuing notice for appearance of the petitioner herein, on such date, he shall appear before the Executing Court and explain the reasons for his absence on 20.02.2024 and the circumstances for non- complying with the Garnishee order, and on submissions made by the petitioner, the executing Court is directed to pass appropriate orders in accordance with law. No costs.
10) Consequently, miscellaneous applications pending if any, shall also stand dismissed. No costs.
________________________ JUSTICE V.SUJATHA 11.09.2025 Ksp