► ^ APHC010343892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17460 OF 2025 Between: Marri Pavan Kalyan., S/o Narayana (late) Aged about 25 years, Pilla Vari street Mettavalasa village, Bobbili Mandal Vizianagaram District. ...Petitioner AND 1. The State of Andhra Pradesh, Department of Industries and Commerce (Mines), Secretariat building, Velagapudi, Secretary. 2. The Director of Mines and Geology, Ibrahimpatnam, Krishna District. 3. The Deputy Director of Mines and Geology, Vizianagaram 4. The Assistant Director of Mines and Geology, Vizianagaram Rep by its Principal ...Respondents 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 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. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court 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 No.21162457642018 dated 05.03.2019 pending disposal of the W.P. Challan Counsel for the Petitioner: SRI B.SUDHAKAR KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR MINES AND GEOLOGY The Court made the following order: 1 APHC(H0343892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3458] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17460/2025 Between: 1.MARRI PAVAN KALYAN., S/0 NARAYANA (LATE) AGED ABOUT 25 YEARS, PILLA VARI STREET METTAVALASA VILLAGE, BOBBILI MANDAL VIZIANAGARAM DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH DEPARTMENT OF INDUSTRIES AND COMMERCE (MINES), SECRETARIAT BUILDING VELAGAPUDI, REP BY ITS PRINCIPAL SECRETARY 2.THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM KRISHNA DISTRICT. 3.THE DEPUTY DIRECTOR OF VIZIANAGARAM MINES AND GEOLOGY, 4.THE ASSISTANT DIRECTOR OF VIZIANAGARAM MINES AND GEOLOGY, ...RESPONDENT(S): 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 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 or 2 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 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased be pleased to direct the Respondents forthwith to refund the may 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 Counsel for the Petitioner; 1.B.SUDHAKAR KUMAR Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY The Court made the following: ORDER:- Heard Sri B.Sudhakar Kumar, learned counsel for the petitioner and learned Government Pleader for Mines and Geology, appearing for the respondents. 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 has been filed. 2. 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 3. 3 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 i 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 has withdrawn the application lease and appropriate proceedings were passed by the 3 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 rd India. Having regard to the submissions made, this Court deems it appropriate to dispose of the Writ Petition with the following directions. 4. Accordingly, the Writ Petition is disposed of directing the 4 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. 5. th 4 sequel, all pending miscellaneous applications shall stand As a closed. Sd/- K TATA RAO DEPUTY REGISTRAR // //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Industries and Commerce (Mines), Secretariat building, Velagapudi. of Mines and Geology, Ibrahimpatnam, Krishna District. Director of Mines and Geology, Vizianagaram 2. The Director 3. The Deputy 4. The 5. One CC to Sri. B.Sudhakar Kumar, Advocate [OPUC] And Geology, High Court of Andhra Assistant Director of Mines and Geology, Vizianagaram GP For Mines 6. Two CCs to Pradesh [OUT] 7. Two CD Copies. AL HIGH COURT DATED:05/08/2025 I t o SEP 2025 1 ^ ^ Current Section !^i£^SPATCVVe5- ORDER WP NO. 17460 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS