Authority: High Court of Andhra Pradesh, Amaravati

Order Date: 30 October 2026

Case Overview

  • Petitioner: Special Deputy Collector (Land Acquisition), Somasila Project, Unit‑IV, Rajampet, Kadapa District.
  • Respondents: Jonnadula family members – Jonnadula Pedda Subbarayudu, Jonnadula Sanjivamma, Jonnadula Geetha, Jonnadula Srinivasulu, Jonnadula Venkata Subbaiah, Jonnadula Mallikarjunudu, Jonnadula Narasimhulu.
  • Nature of proceeding: Civil Revision Petition No.3613 of 2017 filed under Article 227 of the Constitution and Section 151 CPC, seeking suspension of orders dated 01‑08‑2012 passed in Execution Petition (EP) No.08/2010 (LAOP No.217/1999) and attachment of funds in two State Bank of India accounts.
  • Background: EP No.08/2010 was filed to enforce an award in LAOP No.217/1999. The decree holder (D.Hr) claimed entitlement of Rs 2,52,382 (as per Ex.A1) and sought attachment of amounts in SBI accounts No. 4701‑01112 1126539532 and No. 10750055155. The J.Dr (debit holder) contended that the accounts held only a Letter of Credit with a nominal balance of ₹27.753 as on 22‑02‑2010 and that no cash was available for attachment.
  • Counsel: Petitioner – GP for Arbitration; Respondents – P. Sridhar Reddy.

Findings of the Court

1. The Court examined the decree holder’s entitlement (Rs 2,52,382) and the attachment amount claimed (Rs 8,96,803) under Order XXI Rule 46A/46B of CPC.

2. The J.Dr failed to produce documentary evidence disproving the calculation in Ex.A1; therefore, the decree holder’s claim was held correct and genuine.

3. No specific denial was made by the second respondent (SBI) regarding its status as garnishee; it merely asserted that the transaction was a Letter of Credit with a nominal balance.

4. The Court found no irregularity or illegality in the attachment order dated 01‑08‑2012.

5. Both parties were directed to file calculation memos for the exact amounts due; the executing court will determine the final payable sum in accordance with the decree and higher‑court orders.

Point No.1 – Attachment Order

  • The attachment order under Order XXI Rule 46A was deemed proper; the garnishee (SBI) may be required to deposit any amount creditable in the specified accounts, subject to the decree holder’s entitlement.

Point No.2 – Final Outcome

  • The Civil Revision Petition is dismissed.
  • It is clarified that, to the extent of the amount claimed in the EP, if any credit exists in the attached accounts, the garnishee shall deposit such amount, subject to the decree holder’s entitlement, and the executing court shall proceed with disbursement after determining the exact dues.

Topics: Land Acquisition, Court Attachment Order