IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE FOURTH DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN WRIT PETITION Nos.6209 & 6210 of 2011 Writ Petition No.6209 of 2011: Between: V.Danavendra Rao. … Petitioner And The Managing Director, APSRTC, Hyderabad and another. … Respondents Counsel for the petitioner: None. (Both the cases) Counsel for the respondents: Sri C.Sunil Kumar Reddy. (Both the cases) This Court made the following: COMMON ORDER:- In these two Writ Petitions, the petitioners have felt aggrieved by failure of the respondents-Andhra Pradesh State Road Transport Corporation (for short “the Corporation”) to refund the deposit amounts collected by it in pursuance of the bids floated by it for construction of shops/stalls in the vacant land available at Mahabubnagar bus station, facing towards the main road. The admitted fact is that the petitioners have responded to the bids of the Corporation and paid 10% EMD amount for the shops in respect of which they have filed tenders. Subsequently, the petitioners have paid 90% of the amount towards cost of the shops/stalls to be built by the Corporation and handedover to the petitioners on licence. As per the understanding between the parties, construction of shops with the money of the petitioners shall be completed within a period of nine months from the date of the agreement and the period of licence is 20 years. Obviously, due to some dispute over the site, over which the shops were proposed to be constructed, the Corporation could not commence the construction, as a result of which, the money paid by the petitioners is held up with the Corporation. The petitioners made representations to the Corporation for refund of the money paid by them along with interest. As the Corporation did not respond to the said representations, the petitioners filed the present Writ Petitions. Counter-affidavits have been filed on behalf of the respondents, wherein it is admitted that due to administrative reasons beyond its control and steep escalation of the cost of the materials, the Corporation is not in a position to construct the shops. It is further stated that the Corporation is prepared to return the deposits made by the petitioners, but, they denied their liability to pay the interest. Even though a pleading is raised in the affidavits that the petitioners issued notices for returning the money with interest, no relief to this effect has been claimed by them in the Writ Petitions. In the absence of a specific pleading for payment of interest, in a situation of this nature, this Court is not inclined to grant any relief with regard to payment of interest by the Corporation. Inasmuch as the Corporation has agreed to refund the amounts collected from the petitioners, the Writ Petitions are disposed of with the direction to the Corporation to refund the amounts collected from the petitioners within a period of one month from today. If the amounts are not refunded within the stipulated time, the Corporation shall pay interest at the rate of 24% per annum for the delay caused beyond the period of one month, till the payment is made. As a sequel, the interlocutory applications pending in these Writ Petitions are disposed of as infructuous. -------------------------------------- C.V.NAGARJUNA REDDY,J Date:04-11-2011 MNR