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High Court for State of TelanganaWP/36578/2014allowed no costs

V.Ramanuja Chary S/O V. Krishna Murtrhy v. .The State Of Telangana, Rep. By Its Principal

2015-01-21Challa Kodanda Ram2 pages

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.36578 OF 2014 O R D E R:

The grievance of the petitioner is that an amount of Rs.74,426/- was paid as a Court Fee is not being refunded in spite of the fact a Certificate for Refund of Court Fee, dated 21.03.2011 has been issued by the learned II Additional District and Sessions Judge, Ranga Reddy District in O.S.No.589 of 2009, consequent upon the matter having been settled under the proceedings dated 13.11.2009 in Lok Adalat, under Legal Services Authorities Act, 1995.

There is no counter filed by the respondents denying the fact of the matter having been ended as a compromise before the Legal Services Authority. There is also no denial that the petitioner is entitled to be refunded and as a matter of fact a certificate to that effect has been issued by the learned II Additional District and Sessions Judge, Ranga Reddy District. In these circumstances, the 2nd respondent-The Collector, Ranga Reddy District, who is competent authority to make refunds, shall process the application of the petitioner for the refund and ensure the refund of the amount paid as a Court Fee. Respondent shall comply with this order within four weeks from the date of receipt of this Order.

The fact remains that the petitioner was denied the benefit of the money for all these years, merely on account of the inaction on the part of the competent authority to act, the respondents shall also pay interest on the Court Fee amount at the rate 6% per annum from the date of issue of Certificate for Refund of Court

fee i.e., 21.03.2011.

Accordingly, the Writ Petition is allowed. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

----------------------------------- CHALLA KODANDA RAM, J Dated:21.01.2015.

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