Research › Search › Judgment

Andhra High Court · body

2024 DIGILAW 486 (AP)

Priyanka Minerals and M/s. AVI Mines and Minerals v. State of Andhra Pradesh

2024-04-23

NINALA JAYASURYA

body2024
ORDER : (Ninala Jayasurya, J.) Aggrieved by the action of the respondents in not refunding the Security Deposit amounts, worth of Rs.31,75,000/-, remitted with each Quarry Lease Application, even after dropping from the lease of quarry, the present Writ Petition is filed. 2. Heard the learned counsel for the petitioner. Also heard learned Assistant Government Pleader for Mines & Geology, appearing for the respondents. 3. Learned counsel for the petitioner while making submissions with reference to the averments made in the writ affidavit, filed in support of the Writ Petition, inter alia, contends that the petitioner submitted applications for the Quarry Leases in Government Lands, situated in various villages of SPSR Nellore District, notified by the Government and the 4th respondent issued receipts for applications for quarry leases to the petitioner viz., M/s Priyanka Minerals and M/s. AVI Mines and Minerals. Learned counsel submits that the petitioner remitted security deposit amounts to a tune of Rs.31,75,000/-, as detailed in para - 6 of the writ affidavit. He further submits that on coming to know that there are few forest lands and issues of encroachment of land of quarries, the petitioner dropped from the quarry lease process and made a representation to refund / return the security deposits remitted with each quarry lease application. It is further submitted that though the Mines and Geology Department has approved the amounts for refund and the challans were prepared, but the same were not deposited in petitioner's account. Hence, the petitioner is constrained to file the present Writ Petition. 4. At the time of considering the matter, the learned Government Pleader for Mines and Geology seeks further time to file counter. However, on perusal of the docket proceedings right from 28.11.2023 and considering the specific averments made in the writ affidavit as also the grievance of the petitioner with regard to non-refund of Security Deposit, which was furnished at the time of submitting applications for Quarry Lease, this Court see no justification to grant further time to the respondents to file counter and their inaction in returning the Securing Deposit amounts cannot be countenanced. 5. 5. In such view of the matter this Writ Petition is disposed of with a direction to the respondents to release the Security Deposit amounts of Rs.31,75,000/-, remitted with each Quarry Lease Application by the petitioner, as expeditiously as possible, at any rate, within a period of four (04) weeks from the date of receipt of a copy of this order. No costs. 6. Consequently, the Miscellaneous Applications pending, if any, shall stand closed.