IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.25422 of 2009 Between: K. Srinath Chowdary ..... PETITIONER AND Government of Andhra Pradesh rep. by its Principal Secretary, Industries and Commerce Department, Secretariat, Hyderabad and three other ..... RESPONDENTS ORDER: The matter is coming up for admission. 2. Heard M/s.G. Jhansi learned counsel representing the writ petitioner and the learned GP for Mines and Geology. 3. The writ petition is filed praying for the relief of writ of Mandamus declaring the action of the respondents in not passing orders on the representation of the petitioner dated 12-10-2009 seeking for refund of the amounts paid towards EMD of Rs.12,42,000/- and Rs.32,00,000/- towards 25% of the knocked down amount along with income tax of Rs.72,512/- totaling Rs.45,14,512/- as arbitrary, illegal, unjust, unconstitutional, violative of principles of natural justice and pass such other suitable orders. 4. It is stated that on 28-07-2009 the fourth respondent had issued auction notification No.5967/Q/2008, for quarrying of sand in five reaches in open auction-cum-sealed tenders and the same was published in Saakshi Newspaper, Eluru. On 12-08-2009 the petitioner paid an amount of Rs.12,42,000/- by way of demand draft in favour of the fourth respondent. It is also stated that on 17- 08-2009 the sealed tenders were opened and open auction was conducted. On 17-08-2009 the fourth respondent through letter No.2703/Q/2009, requested the petitioner to pay 25% of the knocked down amount along with 2.266% of income tax by 19th August, 2009. On 19-08-2009 the petitioner had submitted a representation to the third and fourth respondents requesting for payment of 25% of the knocked down amount for confirmation after the court case is finalized. On 20-08-2009 the petitioner had submitted the demand drafts for an amount of Rs.32,00,000/- towards 25% of the knocked down amount and Rs.72,512/- towards income tax. On 12-10-2009 the petitioner had made a representation to the respondents to refund the amounts paid by way of EMD of an amount of Rs.12,42,000/- and Rs.32,00,000/- towards 25% of the knocked down amount along with an amount of Rs.72,512/- towards income tax totaling Rs.45,14,512/-. 5. In the light of the facts and circumstances and also in the light of the averments in detail which had been made in para Nos.3, 4 and 5 of the affidavit and also reference made in relation to Writ Petition No.16545 of 2009 it would be just and proper to dispose of the Writ Petition with suitable directions to the first respondent. 6. It is stated that the representation already had been made to respondent Nos.2 to 4, let the said representation be considered as representation made to the first respondent and let the first respondent look into the grievance of the petitioner in relation to the refund of the amount which had been prayed for and pass appropriate orders in this regard within a period of four (4) weeks from the date of receipt of a copy of this order. 7. The Writ Petition is disposed of accordingly. No order as to costs. ___________________ P.S. NARAYANA, J November 24, 2009. Note: Furnish CC in two days. B/o.PN THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.25422 of 2009 November 24, 2009. Note: Furnish CC in two days. B/o.PN