IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 20382 of 2004 Between: M/s. S.L.S. Textiles Ltd., Bhoomireddipalli, Chittoor District, rep by its Internal Auditor, Mr.S. Ramaswamy ..... PETITIONER AND 1 The Chairman, Agricultural Market Committee, Chittoor, Chittoor District. 2 The Selection Grade Secretary, Agricultural Market Committee, Chittoor, Chittoor District. .....RESPONDENTS 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 to issue an appropriate Writ, Order or a direction, preferably one in the nature of a Writ of Mandamus, declaring the action on the part of the respondents in not refunding the excess market fee of Rs.65,013/- which was arrived at after completion of assessment for the year 2002-2003 vide the 2nd respondent's proceedings Roc No. 225/2002-03, Dated 31-7-2003 (filed as Annexure-2) as illegal, arbitrary and unconstitutional besides being violative of the Articles 14 and 19(1)(g) of the Constitution of India and pass such other suitable orders. Counsel for the Petitioner: MR.A.K.JAISWAL Counsel for the Respondent : MR.P.BHANU PRAKASH The Court made the following : Order follows 2nd page THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 20382 of 2004 O R D E R : In this writ petition, the petitioner seeks a direction by way of mandamus directing the Respondent-Agricultural Market Committee, Chittoor to pay the excess market-fee to the tune of Rs.65,013=00 pursuant to assessment order, dated 23-4-2003. 2. The petitioner is a licencee to deal in notified product in the Agricultural Market Area of Chittoor. The petitioner was doing business in purchase of waste cotton within the notified area. For the purpose of paying market-fee, he has filed the return for the assessment year 2001-02. A final order was passed in the assessment proceedings determining an amount of Rs.70,226-00 paid in excess. For the subsequent years, respondents have adjusted Rs.12,195-00 and a final order dated 24-3-2003 for the assessment year, respondents have found the balance excess amount of Rs.65,013-00 and ordered for adjusting the said amount towards market-fee for the future. However, the petitioner did not continue his business and it is stated that from the assessment year 2003-04 due to non-availability of supply of raw- material he has closed down the business. As such, he made a representation dated 21-4-2004 requesting for refund of amount of Rs.65,013-00 which was lying with the respondent and it was found to be in excess of the market-fee for the earlier years. 3. On behalf of the Agricultural Market Committee, the Special Grade Secretary (full additional charge) has filed counter-affidavit, generally denying the allegations of the petitioner in the counter- affidavit. It is averred that the petitioner filed letters dated 21-4-2004 and 26-7-2004 to refund the amount of Rs.65,013-00 in view of closure of the company but the said amount is not paid, as there is no budgetary provision to refund the same in the said financial year. 3. Even from the perusal of the averments made in the counter- affidavit, there is no dispute with regard to excess amount paid by the petitioner to a tune of Rs.65,013-00 which is lying with the respondents. Merely because there is no budgetary provision in the said financial year by itself is no ground in not refunding the amount of Rs.65,013-00 which is paid by the petitioner, which is in excess of the market-fee as per the assessment year dated 24-3-2003 passed in ROC.No. 374/2001-02. 4. For the aforesaid reasons, there shall be a direction to the respondents to refund the amount of Rs.65,013-00 (Rs. Sixty Five Thousand and Thirteen only) to the petitioner as expeditiously as possible, preferably within a period of two months, from the date of receipt of a copy of this order. However, it is made clear that if any amount is due from the petitioner, the respondents shall verify the same and deduct the amount from the account of the petitioner. 5. Subject to the above direction, the writ petition is disposed of. No costs. _______________________ JUSTICE R.SUBHASH REDDY 14-07-2009. I s L