T SANKAR Vs. JOINT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed for a mandamus to declare the action of the respondents in not returning the security deposit to the petitioners as illegal and arbitrary. At the hearing, Sri K. Ram Mohan Chowdary, learned counsel for the petitioners, stated which is admitted by the learned Assistant Government Pleader for Civil Supplies that the issue raised and relief sought in this writ petition have been adjudicated by this Court by order, dated 11.03.2013, in W.P. No. 4777 of 2013 (K B SANNAPPA AND ANOTHER V. JOINT COLLECTOR AND ANOTHER, 2013 3 ALT 1). The petitioners filed a copy of the order in the said writ petition, wherein this Court has allowed the writ petition filed for return of the value of the confiscated paddy following the judgment of the criminal Court acquitting the petitioners therein in the criminal case arising under the provisions of the Essential Commodities Act, 1955 (for short 'the Act'). This Court also directed the respondents to pay interest at the rate of 12% per annum from 20.06.1997 i.e., the date on which the paddy was seized.

(2.) In the instant case, by order, dated 28.11.2008, respondent No. 1 has passed order directing confiscation of security deposit of Rs. 75,000/- furnished by the petitioners as a condition for release of the seized stocks, pending proceedings under Section 6A of the Act. The said order was questioned in Criminal Appeal No. 7 of 2009 before the Sessions Court, Anantapur. The Sessions Judge, Anantapur allowed the said appeal by judgment, dated 08.07.2010. Since then, the security amount furnished by the petitioners has not been refunded.

(3.) In the light of the order, dated 11.03.2013, in W.P. No. 4777 of 2013 (K B SANNAPPA AND ANOTHER V. JOINT COLLECTOR AND ANOTHER, 2013 3 ALT 1, referred to above, as the present case is also identical to that decided in the said order, the respondents are directed to refund the sum of Rs. 75,000/- along with interest at the rate of 12% per annum calculated on the sum of Rs. 75,000/- from 28.11.2008 i.e., the date on which the deposit amount was confiscated, within a period of three months from the date of receipt of a copy of this order.