LAWS(APH)-2006-11-63

K CHAKRAPANI Vs. DISTRICT LEVEL COMMITTEE

Decided On November 23, 2006
K.CHAKRAPANI Appellant
V/S
DISTRICT LEVEL COMMITTEE,REPRESENTED BY ITS CHAIRMAN, EAST GODAVARI DISTRICT Respondents

JUDGEMENT

(1.) The counsel on record made a request to dispose of the Writ Petition itself finally though the matter is appearing under the caption of interlocutory. Hence, the Writ Petition is being disposed of finally.

(2.) The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in not returning the D.Ds., for Rs.20,32,851/- (EMD + 25% knocked bid amount) deposited by the petitioner for participating in the sand quarry auctions pursuant to Notification No.3933/2005/A12, dated 28.9.2005 for reach No.42, Gopalapuram as arbitrary, illegal, unjust and violation of A.P. Minor Mineral Concession Rules, 1966 and pass such other suitable orders.

(3.) Smt. N.Shobha, learned counsel representing the writ petitioner had taken this Court through the respective pleadings of the parties and would contend that in the facts and circumstances of the case, the stand taken by the respondents for refund of the amounts deposited through the D.Ds., cannot stand for scrutiny. The counsel also had taken this Court through Rule 9-H of A.P. Minor Mineral Concession Rules, 1966, referred to supra, and would contend that in the light of the facts, the respondents have no right to forfeit the amount.