THE HONOURABLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.35613 of 2013 Dated: 23.01.2014 Between:
Udagandla Narayana and others .. Petitioners and Government of Andhra Pradesh, Finance Department, Secretariat, Hyderabad, Rep. by its Secretary and others.
.. Respondents Counsel for the Petitioners: Mr. O. Manoher Reddy Counsel for Respondents 1 to 3: AGP for Finance and Planning The Court made the following:
ORDER:
The petitioners were accused in C.C.No.18 of 2005 on the file of respondent No.4. By his judgment dated 29.12.2009, respondent No.4 convicted the petitioners for an offence under Section 427 read with Section 34 of I.P.C. and imposed a fine of Rs.4,000/- on each of the petitioners. The petitioners have accordingly paid the fine amount, pending appeal filed by them against the said judgment. The petitioners pleaded, with reference to which there is no dispute, that the criminal appeal filed by them was allowed by the learned IV Additional Sessions Judge (FTC), Anantapur, vide his judgment dated 09.11.2010, and the conviction and sentence were set aside. When the petitioners sought refund of the fine amount, respondent No.4 has made an application on 21.09.2011 to respondent No.3 for returning the fine amount of Rs.20,000/- paid by way of challan. With reference to the said application, respondent No.3 has addressed a letter in Rc.No.D/8/2011 dated 21.09.2011 to respondent No.2, wherein he has pointed out that the fine amount of Rs.20,000/- was received under a wrong Head of Account and that respondent No.4 has been requested to rectify the said mistake. On the same day, respondent No.4 has sent alteration memorandum correcting the Head of Account under which the amount was to be deposited. The grievance of the petitioners is that despite the alteration memorandum sent by respondent No.4, respondents 2 and 3 have not been forwarding the fine amount of Rs.20,000/- to respondent No.4.
The petitioners have substantiated the above facts by filing copies of the letter dated 21.09.2011 addressed by respondent No.3 and the alteration memorandum sent by respondent No.4.
Though the case was adjourned on 06.12.2013 to enable the learned Assistant Government Pleader for Finance and Planning to get instructions, no instructions have been reported.
In the light of the above-noted uncontroverted facts, respondents 2 and 3 are directed to send the sum of Rs.20,000/- deposited by the petitioners as fine amount in pursuance of the judgment in C.C.No.18 of 2005 to respondent No.4 forthwith and not later than two weeks from the date of receipt of this order. Immediately on receipt of the amount, respondent No.4 shall return the same to the petitioners on a fresh application being filed by them.
The writ petition is accordingly allowed. As a sequel, W.P.M.P.No.44246 of 2013 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 23rd January, 2014 IBL