KUNJA BALARAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner seeks writ of mandamus declaring the proceedings of the 3rd respondent in issuing notice in R.C.No.C2/725/2018 dtd. 20/7/2020 rejecting the request of the petitioner for refund of the license fee deposited towards tender price amount pursuant to the tender notification vide proceedings in Roc.No.C2/725/2018, dtd. 1/2/2020, for leasehold rights for collection of Cocunut Halves for a period of one year from 1/4/2020 to 31/3/2021 as illegal, arbitrary and contrary to Sec. 56 of Contract Act, 1872 and for a consequential direction to 3rd respondent.

(2.) Heard Sri G.Ramesh Babu, learned counsel for the petitioner, learned Assistant Government Pleader for Endowments for respondents 1 and 2 and Sri.G.Ramana Rao, learned Standing Counsel for 3rd respondent and with their consent, this writ petition is disposed of at the admission stage.

(3.) The main submission of the learned counsel for the petitioner is that being the highest bidder for collection of Coconut Halves in the 3rd respondent temple for the period of 1/4/2020 to 31/3/2021, he deposited an amount of Rs.34,00,000.00. However, due to covid-19 pandemic, he could not commence his business and therefore he made a representation dtd. 15/6/2020 to the Execute Officer of 3rd respondent requesting him to refund the amount of Rs.34,00,000.00 deposited by him and the said representation was rejected by virtue of the impugned order dtd. 20/7/2020. Learned counsel would further submit that subsequently the Executive Officer of the 3rd respondent informed to various other tenderers, who could not do business because of the covid-19 pandemic, to submit representations for extension of the license period instead of seeking for refund of the amount and the same would be considered. Learned counsel would further submit that during the pendency of the present writ petition, the Executive Officer instructed the petitioner to submit another representation seeking extension of the license period, which may be considered by the higher authorities.