Tirumalaraju Sri Rama Prabhakara Varma, vs The State of Andhra Pradesh,

APHC010077582023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3857/2023 Between: 1.

TIRUMALARAJU SRI RAMA PRABHAKARA VARMA,, SKI VENKATA LAXMI NARAYANA RAJU, AGED 50 YEARS, RIO D.NO.

28-3-12, THOTA VARI STREET, RAMACHANDRAPURAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.

THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PROHIBITION AND EXCISE, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2.

THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

3.

THE COMMISSIONER OF PROHIBITION AND EXCISE, ANDHRA PRADESH, R.S.NO.

88-2B, SAI VIHAR APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU, VIJAYAWADA, KRISHNA DISTRICT.

4.

THE NODAL PROHIBITION AND EXCISE SUPERINTENDENT, EAST GODAVARI DISTRICT, KAKINADA.

5.

THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, KAKINADA, EAST GODAVARI DISTRICT.

6.

THE DEPUTY DIRECTOR, DISTRICT TREASURY OFFICE, Page 2 of 5 KAKINADA, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in respect of refund of the application fee of Rs.10,00,000/- paid by the petitioner through Application No.

16029605 on 06- 12-2019 vide Challan No.

31253592412019 for Bar license (2020-2021) notified in ULB Ramachandrapuram Municipality to the petitioner in spite of the proceedings of the 3rd respondent, dated 18-06-2022 for refund of application fee as illegal, arbitrary, in violation of Clause 14(5) of G.O.Ms.No.478, dated 25.11. ted 25.11.2019 besides violation of Principles of Natural Justice and consequently direct the respondents to refund of the above said application fee of Rs.10,00,000/- paid by the petitioner for Bar license (2020- 2021) notified in ULB Ramachandrapuram Municipality to the petitioner along with interest at the rate of 24percent per annum from 06-12-2019 till the date of refund along with costs, in the interest of justice and to pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to refund the application fee of Rs.10,00,000/- paid by the petitioner through Application No.

31253592412019 for Bar license (2020-2021) notified in ULB Ramachandrapuram Municipality to the petitioner along with interest at the rate of 24% per annum from 06-12-2019 till the date of refund along with costs forthwith, during the pendency of the writ petition and to pass Counsel for the Petitioner: 1.

K JYOTHI PRASAD Counsel for the Respondent(S): 1.

GP FOR PROHIBITION EXCISE 2.

GP FOR FINANCE PLANNING The Court made the following: Page 3 of 5 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.3857 of 2023 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in respect of refund of the application fee of Rs.10,00,000/- paid by the petitioner through Application No.

16029605 on 06-12-2019 vide Challan No.

31253592412019 for Bar license (2020-2021) notified in ULB Ramachandrapuram Municipality to the petitioner in spite of the proceedings of the 3rd respondent, dated 18-06-2022 for refund of application fee as illegal, arbitrary, in violation of Clause 14(5) of G.O.

5) of G.O.Ms.No.478, dated 25.11.2019 besides violation of Principles of Natural Justice and consequently direct the respondents to refund of the above said application fee of Rs.10,00,000/- paid by the petitioner for Bar license (2020-2021) notified in ULB Ramachandrapuram Municipality to the petitioner along with interest at the rate of 24percent per annum from 06-12- 2019 till the date of refund along with costs, in the interest of justice and to pass…” 2.

The above writ petition is filed seeking a direction to the respondent authorities to refund the application fee of Rs.10,00,000/- paid by the petitioner vide application No.16029605 dated 06.12.2019 vide Challan No.31253592412019, for bar license for the year 2020-2021.

On 03.03.2023, this Court has directed the respondent authorities to refund the application fee of Rs.10,00,000/- to the petitioner, within a period of six weeks from the date of receipt of a copy of the order.

Learned Assistant Government Pleader would submit that pursuant to the order dated 03.03.2023, the respondent authorities have paid the Page 4 of 5 aforementioned amount to the petitioner, however, the petitioner seeking interest for the belated payment.

In view of facts and circumstances of the case, this Court is not inclined to grant any direction to the respondent authorities regarding the payment of interest, as the petitioner has already received the principle amount.

Accordingly, the Writ Petition is dismissed for the relief on interest part.

There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 12.11.2025 TVN Page 5 of 5 217 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.3857 OF 2023 Date: 12.11.2025 TVN