Marri Pavan Kalyan. Vs The State of Andhra Pradesh

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction preferably writ, order or orders more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents not to refund the amount Rs.5,00,000/- paid by the petitioner towards the lease application Deposit Amount through Challan No.21162457642018 dated 05.03.2019 as the lease application rejected by the Respondents as illegal and arbitrary and in violation of principles of

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natural justice consequently direct the Respondents forthwith to refund the Rs.5,00,000/- to the petitioner paid by the petitioner^towardsthe lease application Deposit Amount through Challan No.21162457642018 dated 05.03.2019.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleasedto} direct the Respondents forthwith to refund the Rs.5,00,000/-^{tothepetitioner} paid by the petitioner towards the lease application^{DepositAmountthrough} Challan No.21162457642018 dated 05.03.2019 pending disposal^oftheW.P.

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Counsel for the Petitioner: SRI B.SUDHAKAR KUMAR

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Counsel for the Respondent Nos.1 to 4: GP FOR MINES^ANDGEOLOGY The Court made the following order:

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APHC(H0343892025

SMB

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

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(Special Original Jurisdiction)

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TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 17460/2025

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Between:

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1.MARRI PAVAN KALYAN., S/0 NARAYANA (LATE) AGED ABOUT 25 YEARS, PILLA VARI STREET METTAVALASA VILLAGE, BOBBILI MANDAL VIZIANAGARAM DISTRICT

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH DEPARTMENT OF INDUSTRIES AND COMMERCE (MINES), SECRETARIAT BUILDING VELAGAPUDI, REP BY ITS PRINCIPAL SECRETARY

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2.THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM KRISHNA DISTRICT.

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3.THE DEPUTY DIRECTOR OF MINES AND GEOLOGY,

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VIZIANAGARAM

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4.THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY,

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VIZIANAGARAM

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a writ or direction preferably writ, order or orders more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents not to refund the amount Rs.5,00,000/- paid by the petitioner towards the lease application Deposit Amount through Challan No.21162457642018 dated 05.03.2019 as the lease application rejected by

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2

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the Respondents as illegal and arbitrary and in violation of principles of natural justice consequently direct the Respondents forthwith to refund the Rs.5,00,000/to the petitioner paid by the petitioner^towards the lease application Deposit Amount through Challan No.21162457642018 dated 05.03.2019 and pass

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondents forthwith to refund the Rs.5,00,000/to the petitioner paid by the petitioner^towards the lease application Deposit Amount through Challan No.21162457642018 dated 05.03.2019 pending disposal of the W.P and pass s

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Counsel for the Petitioner;

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1.B.SUDHAKAR KUMAR

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Counsel for the Respondent(S):

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1 .GP FOR MINES AND GEOLOGY

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The Court made the following:

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ORDER:-

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Heard Sri B.Sudhakar Kumar, learned counsel for the petitioner and learned Government Pleader for Mines and Geology, appearing for the respondents.

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Challenging the action of the respondents in not refunding^the amount of Rs.5,00,000/- deposited by the petitioner^towards the lease application deposit amount, the instant Writ Petition^{hasbeenfiled.}

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It is contended that the petitioner had applied for grant^of lease for quartzite over an extent of 20.00 Hectares of land in Sy.No.210 of Kotokipenta Village, Pachipenta Mandal, Vizianagaram, for a period of

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3

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20 years, in connection thereto the petitioner had paid prescribed fee of Rs. 12,500/towards survey charges and paid Rs.5,00,000/towards deposit. The same was referred to the Tahsildar for issuance of No Objection Certificate. The Tahsildar reported that the subject land would fall within the Reserve Forest Area, therefore NOC cannot be issued in respect of the said land. The same was informed to the petitioner. On the basis of the same on being advised, the petitioner^haswithdrawn the application lease and appropriate proceedings were passed by the 3 rd respondent dismissing the application as withdrawn. Accordingly the petitioner sought refund of Rs.5,00,000/- and made application to the said extent. The 4*^ respondent passed orders sanctioning the amount. However, the same has been withheld by the respondent^Nos.3 & 4. Therefore, approached this Court under Article 226 of the Constitution of India.

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Having regard to the submissions made, this Court deems it appropriate to dispose of the Writ Petition with the following directions.

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Accordingly, the Writ Petition is disposed of directing^the4 th respondent to refund the amount of Rs.5,00,000/deposited by the petitioner towards security pursuant to the quarry lease application, within a period of eight (8) weeks from the date of receipt of copy of this order. There shall be no order as to costs.

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4

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stand As a sequel, all pending miscellaneous applications shall

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closed.

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//TRUE COPY//

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Sd/- K TATA RAO DEPUTY REGISTRAR // SECTION OFFICER

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To,