THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 18855 of 2006 ORDER: The petitioners are the joint owners of a ﬁsh tank in an area of Acs.12.78 cents in survey Nos.442/2 and 444/2 of Korukollu Village, Kalidindi Mandal, Krishna District along with one Sri G.Venkateswara Rao. The said G.Venkateswara Rao was the President of the Primary Agricultural Cooperative Credit Society Limited, Korukollu, Krishna District, the third respondent herein. In an enquiry conducted under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’), it was found that Sri G.Venkateswara Rao had misappropriated certain amounts. The Deputy Registrar of Cooperative Societies, the ﬁrst respondent herein, passed an order, dated 23.10.2002, attaching the entire ﬁsh tank in exercise of powers under Section 73 of the Act. Subsequently, proceedings under Section 60 of the Act were also initiated against Sri G.Venkateswara Rao. He, in turn, availed the remedies before the A.P. Cooperative Tribunal vis-à-vis the orders of surcharge as well as attachment. The O.As. were allowed and the orders of surcharge as well as attachment were set aside. Proceedings have also ensued before this Court. The petitioners approached the ﬁrst respondent with an application under Rule 52 of the Andhra Pradesh Cooperative Societies Rules, 1964 with a request to refund the amount. Through its order, dated 30.06.2006, the ﬁrst respondent refused to release the amount in favour of the petitioners. Hence, this writ petition. Heard, the learned counsel for the petitioners, the learned Government Pleader for Cooperation and the learned counsel for the third respondent. From a perusal of various proceedings that have ensued vis-à-vis Sri G.Venkateswara Rao, it is evident that his share was conﬁned only to Acs.3.53 cents and the petitioners were recognized as owners of the rest of the ﬁsh tank. However, the entire ﬁsh tank was attached and the ﬁshes caught in the tank were sold. A sum of Rs.13,87,566/- was realized. The share of Sri G.Venkateswara Rao was only Rs.3,83,270/- . Even assuming that the third respondent had any claim vis-à-vis Sri G.Venkateswara Rao, despite the orders of surcharge as well as attachment are set aside, there is absolutely no basis for it to withhold the shares of the petitioners. Though the third respondent tried to deny that the amount did not earn interest, information furnished to the petitioners by Krishna District Cooperative Central Bank Limited, Kalidindi Branch discloses that the amount was kept in a ﬁxed deposit and it has earned interest. There is no basis for the third respondent to deny the refund of the shares of the petitioners with accrued interest. Hence, the writ petition is allowed and respondents 1 and 3 are directed to refund the amount, representing the shares of the petitioners, from out of Rs.13,87,586/- together with accrued interest, within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:31.10.2008. Note: Issue cc in three days. kdl