IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4440 of 2008 Between: Nara Srisailam S/o. Anjaiah R/o. 2-102, Balapur (V), Saroornagar (M), Ranga Reddy District. ..... PETITIONER AND The Dist. Collector, Ranga Reddy Dist. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent herein in not refunding the court fee of Rs.55,426/- ( paid by the petitioner in to OS No.592/06 on the file of the II Addl. Dist Judge, R.R. Dist ) as per Sec. 21 (1) of the Legal Services Authorities Act, 1987, r/w. Rule 18 of the Legal Services Authorities Rules, 1995 as illegal, unjust, unwarranted and also against the provisions of the Legal Services Authorities Act & Rules made there under and consequently direct the respondent herein to refund the above referred court fee forthwith. Counsel for the Petitioner: MR.JITHENDER RAO VEERAMALLA Counsel for the Respondent: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed by the petitioner questioning the action of the respondent in not refunding the Court fee in terms of Section 21(1) of the Legal Services Authorities Act, 1987 (for short ‘the Act) read with Rule 18 of the Legal Services Authorities Rules, 1995 (for short ‘the Rules’). Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for admission at the admission stage itself. It is the case of the petitioner that he filed O.S.No.592 of 2006 on the file of the II Additional District & Sessions Judge, Ranga Reddy District against the defendants for specific performance of an agreement of sale and paid Court fee of Rs.55,426/- as per Section 39 of the APCF & SV Act. During the pendency of the suit proceedings, the petitioner and the defendants entered into an understanding and the suit was referred to the Lok Adalat, Ranga Reddy District as per Section 20 of the Act wherein he has withdrawn the suit and an award was also passed. It is the case of the petitioner that even as per the award he is entitled for refund of the court fee paid by him in terms of Section 21(1) of the Act read with Rule 18 of the Rules. The grievance of the petitioner is that though he submitted that proforma certificate issued by the learned II Additional District Judge, Ranga Reddy District, which was dispatched to the respondent on 4.8.2007, the respondent is not refunding the said amount. Pursuant to the notice issued by this Court on 3.3.2008, the respondent – District Collector, Ranga Reddy District has filed a counter affidavit inter alia stating that though the petitioner has submitted the proforma certificate issued by the Court below, the original challan through which the court fee was remitted to the Government Treasury has not been sent and as per financial code, every refund of money can be made only on surrender of the original challan. It is further stated that the District Treasury Officer, Ranga Reddy District will not admit the claim preferred, without the challan in original and, therefore, the Additional Metropolitan Sessions Judge, Cyberabad has been requested to arrange for the challan in original for refunding the court fee paid by the petitioner vide letter dated 13.6.2008 and as soon as the said challan in original is received from the Court, the court fee paid by the petitioner would be refunded. In view of the above counter averments made by the District Collector, Ranga Reddy District, the writ petition is closed recording the statement made by him and directing that as soon as the original challan is received by him, the court fee paid by the petitioner in the suit should be refunded to him as per his entitlement. N.V.RAMANA,J DT.23.6.2008 msv .... REGISTRAR // TRUE COPY // SECTION OFFICER To The Dist. Collector, Ranga Reddy Dist. 2 2CCs to the Government Pleader for Revenue, High Court of Andhra Pradesh, Hyderabad (OUT). 3 2CD copies