Contd… APHC010743892018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3549] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 36211/2018 Between: 1. PATRA VANDANAM, S/O. LATE KOTAIAH ALIAS PETHURU, AGED 80 YEARS, OCC. SUB REGISTRAR GRADE-I (RETD) R/O. D.NO.7- 87, KOTHAPETA, GANNAVARAM GANNAVARAM MANDAL, KRISHNA DISTRICT 521 101 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, THROUGH ITS PRINCIPAL SECRETARY REVENUE (REGN.-I) IKPARTMENT. SECRETARIAT BUILDINGS. VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT 522 503 2. THE DIRECTOR AND INSPECTOR GENERAL OF REGISTRATION STAMPS, ANDHRA PRADESH. EDUPUGALLU. KRISHNA DISTRICT- 523.44. 3. THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND STAMPS, ELURU-534001 ...RESPONDENT(S): Counsel for the Petitioner: 1. AMARA RAMA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) NJS,J & GTK,J W.P No.36211 of 2018 2 Contd… The Court made the following Order: (per NJS,J) Heard Smt. Samantha Krishna, learned counsel appearing on behalf of the petitioner. Also heard Mr. G Raju, learned Government Pleader representing the respondents. 2. The present writ petition is filed against the orders dated 14.08.2018 in O.A No.7073 of 2015 on the file of the erstwhile Andhra Pradesh Administrative Tribunal. The petitioner filed the said O.A. seeking to declare the action of the respondents in issuing the G.O.Rt.No.1157/2015 dated 19.11.2015, ordering recovery of an amount of Rs.1,09,930/- from the applicant/writ petitioner, as illegal, arbitrary etc, and to quash the same. 3. The Tribunal, while observing that though the applicant could not have been punished by way of imposing penalty under Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, as he retired from service more than four years of the impugned recovery proceedings, dismissed the O.A., holding that the Government is well within its power to make the impugned recovery from the applicant. 4. The learned counsel for the petitioner made submissions that the order under challenge is not sustainable. She had also drawn the attention of this Court to the orders dated 22.10.2007 Criminal Petition No.5952 of 2007 passed by a learned Single Judge of the erstwhile High Court of Andhra Pradesh. Vide the said order, the criminal case registered against the petitioner in C.C No.103 of 2005 on the file of the II Additional Judicial Magistrate of First Class, Eluru, West Godavari District was quashed. 5. However, the matter need not be examined in detail, more particularly, in the light of the counter-affidavit filed on behalf of the respondents. On a reading of the same, it is discernible that the Government had not stopped the retirement as well as pensionary benefits of the writ petitioner, and NJS,J & GTK,J W.P No.36211 of 2018 3 were released and he is drawing the regular pension (counter-affidavit of the respondent No.3). 6. In view of the above, even otherwise, as the petitioner is acquitted from the criminal case, no liability can be fastened upon him. 7. With the above observations, this writ petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE NINALA JAYASURYA _____________________________ JUSTICE TUHIN KUMAR GEDELA Date:15.09.2025 Ksj