IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20706 of 2008 Between: Janga Srinivasa Rao S/o. Pitchaiah R/o. Andukur Post, Krosur Mandal, Guntur District. ..... PETITIONER AND 1 The Government of Andra Pradesh, rep. by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad 2 The District Level Committee, rep. by its Chairman and Joint Collector, Guntur District. 3 The Director of Mines and Geology, 8th Floor, BRKR Buildings Tank Bund Road, Hyderabad. 4 The Asst. Director of Mines and Geology, Guntur. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue an order or writ one in the nature of writ of Mandamus, declaring the action of the respondents in not refunding Earnest Money Deposit ( EMD ) deposited by Petitioner Rs. 32,50,000/- for participating in the auctions for Reach No. 15 of Atchampet Mandal, guntur district in Pursuant to Notiﬁcation No.988/sand /2007 , dt. 19-09-2007 as arbitrary, illegal, unjust adn in violation of Rule 9-F(2) A.P. Minor Mineral Concession Rules, 1966 and consequently call for records adn direct the respondents to return the EMD of Rs.32,50,000/- and pass Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20706 of 2008 ORDER: The District Level Committee, Guntur, 2nd respondent herein issued a notiﬁcation, dated 19.09.2007, inviting applications/tenders, for auctioning the leasehold rights to quarry sand in Reach No.15 of Atchampet Mandal, Guntur District. The petitioner submitted his tender and to comply with the condition, he made a deposit of Rs.32,00,000/- through a Demand Draft. He did not emerge as the successful bidder. The grievance of the petitioner is that though the respondents are under obligation to refund the Earnest Money Deposit within 15 days from the date of auction, the same was not refunded as yet and he seeks appropriate directions in this regard. Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology. The auction in pursuance of the notiﬁcation, dated 19.09.2007, was held on 10.10.2007. Every tender has to be accompanied by a Demand Draft representing 25% of the notiﬁed value, which comes to Rs.32,00,000/- . The petitioner deposited the said amount, while submitting his tender. It is not in dispute that the petitioner did not emerge as the successful tenderer. The respondents are under obligation to refund the amount within 15 days i.e. by 25.10.2007. Nearly one year has elapsed and the petitioner was not refunded the amount. There cannot be any justiﬁcation on the part the respondents in withholding the amount of the petitioner. Hence, the writ petition is allowed and the 2nd respondent, represented by its Convener viz., 4th respondent, is directed to refund the amount of Rs.32,00,000/- deposited by the petitioner towards Earnest Money Deposit within a period of two (2) weeks from today. In default, the amount shall carry interest at the rate of 12% per annum from 25.10.2007, apart from other steps that may be taken for violation of the orders of this Court. There shall be no order as to costs. _________ 26.09.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20706 of 2008 Date: 26.09.2008 JSU