THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.11462 of 2004 ORDER: This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the first respondent in not refunding the balance amount of Rs.1,32,000/- out of Rs.5,50,000/-, which was deposited by him in pursuance of the auction conducted for leasing out the right to quarry sand in Water courses within the jurisdiction of Kothuru Gram Panchayat, as illegal and arbitrary and consequently, to direct the first respondent to pay the balance amount of Rs.1,32,000/-, as directed by this Court in Writ Petition No.5950 of 2000, dated 13.11.2000. The facts of the case are not in dispute. Admittedly, the petitioner became successful bidder in the auction conducted for leasing the right to quarry sand in the water courses within the jurisdiction of Kothuru Gram Panchayat and deposited only a sum of Rs.2,11,500/-. Subsequently, the first respondent issued a notice, dated 28.03.2000, to the petitioner asking him to pay the balance amount of Rs.3,40,500/-, in default, it decided to conduct fresh auction. Challenging the same, the petitioner approached this Court by way of filing Writ Petition 5950 of 2000, in which interim direction was given directing the authorities concerned not to finalise the auction subject to the petitioner depositing the balance amount of Rs.3,40,500/-. Pursuant to the said orders, the petitioner deposited the amount of Rs.3,40,500/-. While so, the District Collector, Visakhapatnam, passed an order, dated 12.10.2000, denotifying the sand reaches within the jurisdiction of Kothuru Gram Panchayat on the grounds of ecology and environment. Thereafter, consequent thereto, Writ Petition No.5950 of 2000 was disposed of by this Court on 13.11.2000, directing the first respondent to refund the amount of Rs.5,52,000/- to the petitioner. However, the respondent refunded only a sum of Rs.4,20,000/- and the balance of Rs.1,32,000/- is still to be refunded to the petitioner. Hence, the present writ petition is filed seeking direction to the respondent to refund the said balance amount to the petitioner. Respondent No.2 filed counter-affidavit admitting its liability to refund the balance amount of Rs.1,32,000/-, out of Rs.5,52,000/-, to the petitioner. Learned Government Pleader for Gram Panchayath submits that the first respondent is Gram Panchayat of a minor village and there are no funds with it to refund the sum of Rs.1,32,000/- to the petitioner and thus, expressed the inability of the first respondent in paying the said amount to the petitioner. The Gram Panchayat is directed to approach the Government for funds. Having regard to the facts and circumstances of the case and keeping in view the submission of the learned Government Pleader, this Court is of the view that ends of justice would be met if the second respondent is directed to provide some funds to the first respondent-Gram Panchayath in order to enable it to comply with the orders, dated 13.11.2000, passed by this Court in W.P.No.5950 of 2000. With the above directions, the writ petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE N.V.RAMANA 23rd April 2010 dr