IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE FOURTEENTH DAY OF FEBRUARY, TWO THOUSAND EIGHT ONLY WRIT PETITION No.10022 of 2006 Between: Konathala Bala Nageswara Rao. … Petitioner AND The Commissioner, Anakapalli Municipality, Anakapalli, Visakhapatnam district. and another. … Respondents Counsel for the petitioners: Sri K.Subrahmanyam Counsel for the respondents: Sri S.Nageswara Reddy for R.1. THE HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.10022 OF 2006 ORDER:- This Writ Petition is filed for a Writ of Mandamus to invalidate the auction held on 19-5-2006 by Anakapally Municipality (respondent No.1 herein), in which respondent No.2 emerged as highest bidder for collection of Aaseelu in Anakapally Municipal limits for the year 2006- 2007. The petitioner also sought for a consequential direction to return the Earnest Money Deposit of Rs.5,00,000/- to him. At the hearing, Sri K.Subrahmanyam, learned counsel for the petitioner, submitted that since the term of the contract for which tenders were finalized had expired, the first part of the prayer has become infructuous. He further submitted that the amount of Rs.5,00,000/- deposited by the petitioner as EMD to participate in the tender has not been returned by respondent No.1 without any reason whatsoever. In the counter-affidavit filed by the Commissioner of Anakapally Municipality, there is no reference to the averment made by the petitioner regarding non-refund of EMD amount. In the absence of any justification put forward by respondent No.1 to withhold the EMD amount, which is liable to be returned to the petitioner, respondent No.1 is directed to consider the request of the petitioner to refund the EMD amount of Rs.5,00,000/- (Rupees five lakhs only) within a period of two weeks from the date of receipt of a copy of this order. If respondent No.1 declines to return the EMD amount to the petitioner, he shall pass a reasoned order therefor and communicate the same to the petitioner to enable him to avail appropriate remedy under law. The Writ Petition is accordingly disposed of. ---------------------------------- -- C.V.NAGARJUNA REDDY,J 14-2-2008 Note: Issue CC in one week. (BO) MNR