THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.24062 OF 2010 ORDER: The petitioner has filed this writ petition questioning the action of respondents 3 and 4 in not refunding highest bid amount of Rs.27,00,000/- deposited by the petitioner and Rs.18,00,000/- towards loss of washing away of roads and ramps, totalling to Rs.45,00,000/-. Auction was held for reach No.23 of Athreyapuram on 22.09.2007. The petitioner was the highest bidder. The petitioner has deposited an amount of Rs.27,20,000/- towards bid amount/registration charges/security deposit. Apart from that he spent more than Rs.20,00,000/- for formation of approach roads and purchase of machinery etc. In the meanwhile, SAC barrage on Godavari River was closed down and the vehicular traffic on the bridge was also closed. Resultantly, the petitioner could not execute the contract. The petitioner filed a revision before the authorities either to refund the amount deposited by him, as he could not complete the work or permit him to complete the contract. The secretary to Government of Andhra Pradesh vide order dated 18.06.2009 allowed the revision petition filed by the petitioner and the Director of Mines and Geology was requested to place the matter before the District Level Sand Committee regarding the request of the petitioner to refund the amount of Rs.45,00,000/- spent by him in respect of reach No.23 Athreyapuram, East Godavari District. Learned counsel for the petitioner submits that the matter is pending before the District Level Sand Committee and no decision has been taken on the same. Counter has been filed on behalf of the respondents wherein it has been averred that although the Government has allowed the revision application filed by the petitioner vide order dated 18.06.2009, however, the District Level Sand Committee during its meeting held on 19.09.2009 resolved that according to A.P. Minor Mineral Concession Rules, 1966, the District Level Sand Committee has no authority to decide the issues relating to financial matters such as refund of amount and compensation etc. The report was furnished to the Director of Mines and Geology, Hyderabad. However, the Director of Mines and Geology, Hyderabad vide Memo No.38225/R9/2008 dated 30.07.2010 and another memo of the same date instructed the Assistant Director of Mines and Geology, Rajahmundry to decide the matter after discussing with the District Level Sand Committee. The Committee has again gone through the A.P. Minor Mineral Concession Rules, 1966 and came to the conclusion that the Committee has no authority to intervene in such matters. From the aforementioned facts, it is clear that the revision filed by the petitioner was allowed by the Government. When the matter was referred to the District Level Sand Committee, they did not decide the issue involved, as according to them, they have no authority to decide financial matters such as refund of amount, compensation etc. The net result of the aforementioned facts is that the petitioner has not got his refund till date despite of the revision having been allowed. In view of the above, this writ petition is disposed of with a direction to the first respondent to take a final decision with regard to the refund of the amount to the petitioner within a period of three months from the date of receipt of a certified copy of this order. No costs. ASHUTOSH MOHUNTA,J Dt. 26.04.2011 lvl THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.24062 of 2011 Dt.26.04.2011