THE HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5124 of 2008 Date: 28.03.2008 Between: Mr.V.Nageswar Rao & another … Petitioners AND The Commissioner of Prohibition & Excise, Govt. of A.P., Hyderabad. And others … Respondents Counsel for the petitioners : Sri Amarnath Goud Counsel for the respondents: G.P. for Prohibition & Excise HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5124 of 2008 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of the respondents in not refunding the bid amount of Rs.5,50,000/- alongwith interest as illegal, arbitrary and unconstitutional. At the hearing, it is admitted by the learned Government Pleader for Prohibition and Excise that in view of the stay granted by this Court in W.P.No.16422 of 2006 dated 7.8.2006, A4-licence could not be granted to the petitioners though their offer was accepted. He further stated that in view of the pendency of the said writ petition, the EMD amount of the petitioners could not be refunded. Having considered the statement of the learned Government Pleader, I am of the view that there is no justification for the respondents for withholding the EMD amount, when they were not in a position to grant licence to the petitioners. Admittedly, the petitioners are entitled to the refund of their deposit in view of non-granting of licence for the reasons not attributable to them at all. Since, the petitioners’ entitlement for refund of EMD is not disputed by the respondents, they are directed to refund the same to the petitioners within four weeks from the date of receipt of a copy of this order. The prayer for awarding interest cannot be granted for the reason that the petitioners bonafide waited for the disposal of the writ petition evidently with the hope that on such disposal, the petitioners may be granted licenses. For the above-mentioned reasons, the writ petition is partly allowed subject to the directions given hereinabove. ___________________________ C.V.NAGARJUNA REDDY,J Date:28.03.2008 Note: Issue c.c. in one week. B/o. mdaa