THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 25716, 26042 and 26046 of 2010 Common order: The petitioners are highest bidders in the auction conducted pursuant to the auction notice dated 18.04.2009. The auction could not be finalized because of orders passed by a Division Bench of this Court in W.P. No. 10073 of 2009, dated 18.04.2009. As the amounts paid by them towards EMD were not returned, and without returning the EMD when the respondents issued fresh auction notice dated 05.10.2010, for leasing out the reaches in question for sand quarrying, the petitioners filed writ petitions in W.P. Nos. 25566, 25660 and 25716 of 2010, contending that because of non-refund of the amounts, they are unable to participate in the auction. Hence, this Court stayed the auction notification. Thereafter, on 08.10.2010, when the first two writ petitions came up for hearing, the learned Government Pleader for Mines and Geology, on instructions submitted that the process of refund of the amounts paid by the petitioners is going on and that the amounts will be refunded positively before 18.10.2010 i.e. before the last date fixed or submission of sealed tenders and applicants for participating in the present auction. Considering the said stand taken by the learned Government Pleader for Mines and Geology, this Court disposed of the said writ petitions directing as follows: Without prejudice to the rights of the petitioners to pursue their remedies as regards the interest claimed on the amounts paid by them, the writ petitions are disposed of directing the respondents to refund the amounts paid by the petitioners in pursuance o the auction notification dated 18.04.2009 before 18.10.2009, so as to enable them to participate in the present auction in terms of the impugned auction notification dated 05.1`0.2010. Subsequently, the third writ petition also, in terms of the directions as above, was disposed of by order dated 13.10.2010. Now the petitioners alleging that the respondents, in spite of giving undertaking, as mentioned in the above writ petitions, that they would refund the amounts by 18.10.2010, did not pay the amounts, and without refunding the amounts, they are proceeding with the conduct of auction, and due to non-payment of the amounts, they are prevented from participating in the auction, the petitioners filed the present writ petition, seeking stay of the auction. Even though the Chairman, Zilla Parishad, Nellore, who got impleaded as respondent No.5 resisted the grant of interim order, but considering the fact that due to non-payment o money as directed by this Court, the petitioners could not pay the EMD and participate in the auction, this Court, by order dated 20.10.2010 granted interim stay of the auction by one week. Today when the writ petitions are taken up, the learned Government Pleader for Mines and Geology produced copies of the orders issued by the Principal Secretary to the Government in the Industries and Commerce (SPIU & SAND) Department in Memo dated 26.10.2010, whereunder the Government have decided to refund the amount, and accordingly directed the Director of Mines and Geology, Hyderabad, to take further necessary action in the matter. Respondent No.5, sought modification of the stay order. Today, he produced three demand drafts dated 26.10.2010 one each in the name of M/s. Sri Vaishnavi Contractor, Nellore, for Rs. 30,69,770/-; M/s. Siddi Vinayaka Minerals, Ongole, for Rs.43,32,210/- and; M/s. Durga Minerals, Nellore, for Rs.3,61,00,000/-, for handing over the same to the petitioners. He also produced statement showing the amounts realized towards Zilla Parishad, the Mines Department and the Income Tax Department. In respect of M/s. Siddi Vinayaka Minerals, Zilla Parishad had realized an amount of Rs.43,32210, while the Mines Department, realized an amount of Rs.68,970/- and Income Tax Department realized an amount of Rs.76,500/-; in respect of M/s. Sri Vaishnavi Contrators, Zilla Parishad, realized an amount of Rs.30,69,770/-, while no amount was realized by the Mines Department and the Income Tax Department; in respect of M/s. Durga Minerals, Zilla Parishad realized an amount of R.3,61,00,000/-, while the Mines Department realized an amount of Rs.19,00,000/- and an amount of Rs.8,61,080/- was realized by the Income Tax Department. The learned counsel for respondent No.5 having handed over the afore-mentioned three demand drafts to the counsel for the petitioners, further undertook to pay the amounts realized by the Mines Department and Income Tax Department, to the petitioners today itself, but sought a direction for reimbursement of the same by the Mines Department. Hence, having regard to the facts and circumstances of the case, the writ petitions are disposed of with the following directions: The counsel for the Zilla Parishad, Nellore, had handed over the afore-mentioned three demand drafts to the counsel for the petitioners for the amounts realized by them, and the same is also acknowledged by the petitioners. As undertaken by the counsel for respondent No.5, the Zilla Parishad, Nellore, shall also pay to the petitioners today itself the amounts realized by the Mines Department as also the Income Tax Department, and the Mines Department, in turn shall reimburse the amounts to the Zilla Parishad, Nellore. Since the petitioners received substantial amounts by way of demand drafts and would be receiving the balance amounts, the respondents are at liberty to go ahead with the conduct of auction from the stage where it was stayed, after one week from today, to enable the petitioners participate in the auction. Accordingly, the writ petitions are disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 27th October, 2010 KSR