IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 28664 OF 2024 Between: Managing Director. Leela Ram Prasad Kakarla, R/o D.No 7-259/1, Rampriya Nagar, Near KCP Colony Kanuru, Vijayawada,Andhra Pradesh- 520007. ...PETITIONER AND State of Andhra Pradesh, Rep. by its Principle Secretary Mines and Geology Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The Vice Chairman and Managing Director,, APMDC, 100 Feet Road, Road, Kanuru, Vijayawada, Krishna District - I 1o/. r- 3. The Executive Director, APMDC, 100 Feet Road. Tadigadapa - Enikepadu Road, Kanuru, Vijayawada, Krishna District - 521137. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not refunding the deposited amount as deposited at the time of contract, as security to under take the works, even completing the observation period amounting to. Rs.3,75,000/- to the petitioner with interest, till the date of refund from the date of completion of respective observation periods, as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(i)(g), 21 of the may T*" Constitution of India, consequently direct the respondents to refund the deposited amount for the above works immediately with interest of 12%. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to refund the amount of Rs.3,75,000/- towards payment of Performance Security Deposit for the contract works under taken by the petitioner long back, pending disposal of the above writ petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI BALAJI MEDAMALLI Counsel for the Respondents No.1; SRI P RAMA KRISHNA, ADDL GOVT. PLEADER FOR MINES AND GEOLOGY Counsel for the Respondents Nos.2 & 3: SRI V.R.N. PRASANTH. Standing Counsel for APMDC The Court made the following: ORDER w APHC010547752024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY .THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 28664/2024 Between; ...PETITIONER Sree Leela Ram Infracom Pvt Ltd AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.BALAJI MEDAMALLI Counsel for the Respondent(S): 1.VR N PRASHANTH 2.GP FOR MINES AND GEOLOGY The Court made the following Common Order: The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ to issue order or orders, direction or directions, Writ or Writs, particulariy one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not refunding the deposited amount as deposited at the time of contract, as security to under take the works, even completing the observation period amounting to Rs.3,75,000/- to the petitioner with interest, till the date of refund from the date of completion of respective observation periods, as 2 illegal, arbitrary, violation of principles of natural justice and violative of Article 14, 19(1)(g), 21 of the Constitution of India consequently direct the respondents to refund the deposited amount for the above works immediately with interest of 12% ” 2. Heard Mr.Balaji Medamalli, learned counsel for the petitioner; Mr.P.Rama Krishna, learned Government Pleader for Mines and Geology, for respondent No.1 and Mr.V.R.N.Prasanth, learned Standing Counsel for respondent Nos.2 and 3. 3. On hearing, learned counsel for the petitioner submit that the APMDC has been incorporated in 1961 and it is a Government of Andhra Pradesh undertaking involved in commercial exploitation of various minerals and has been instructed by the State Government to act as an Agent to Government of Andhra Pradesh vide Memo No.3066/M-ll(1)/2016-17, dated 08.07.2019 to operate the sand reaches and dispose the sand to the end consumers. The Department of Mines and Geology issued instructions vide Memo No.2611873/R6-SAND/2019, dated 29.08.2019 issued instructions for Transportation of Sand by Vehicles with GPS based Vehicles Tracking Devices (VTDSs) from agencies for sand transportation in Andhra Pradesh. He further submits that. M/s APMDC invited E-Tenders, the subsequent E-Auction and in the bids opened by APMDC, the market discovered price of Rs.4.90/-. The APMDC has received the proposals from the vendors for transportation of the sand from Stockyard to Sand depots in view of urgency. He further submits that the APMDC has accepted the proposal of the 3 petitioner and issued permission vide Lr.No.APMDC/Sand Transportation/East Godavari District/2019-20, dated 28.04.2020, stating that the petitioner herein has to enter into an agreement by submitting PSD for an amount of Rs.3,75,000/- as per the terms and conditions. Subsequently, the petitioner has submitted a Performance Security Deposit vide DD.No.500646/I CICI Bank, for an amount of Rs.3,75,000/-. He further submits that, as per the work order, all the works have been completed in time as per the schedule of the agreement respectively. After completing the work, even though bills were paid, the respondent authorities are not releasing the Performance Security Deposit and the petitioner is entitled to receive the deposited amount with 12% interest for the delay caused by the respondent in refund of deposited amounts. Therefore, learned counsel for the petitioner requests this Court to pass appropriate orders. Per Contra, learned Government Pleader and learned Standing 4. Counsel vehemently opposed for grant of any relief in the present writ petition and prays to dismiss the same. On considering the submissions of both the learned counsels and 5. upon perusing the entire material on record, this Court is inclined to dispose of the writ petition, directing the respondents to refund the deposited amount along with 8% interest to the petitioner, within a period of four (04) months from the date of receipt of a copy of this order. 4 ■« With the above direction, the Writ Petition is disposed of. There 6. shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall 7. stand closed. Sd/-VSAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principle Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Vice Chairman and Managing Director, APMDC, 100 Feet Road, Tadigadapa - Enikepadu Road, Kanuru, Vijayawada, Krishna District - 521137. 3. The Executive Director, APMDC, 100 Feet Road, Tadigadapa - Enikepadu Road, Kanuru, Vijayawada, Krishna District - 521137. 4. One CC to Sri Balaji Medamalli, Advocate [OPUC] 5- T^^CCs to GP for Mines and Geology, High Court of Andhra Pradesh. 6. One CC to Sri V.R.N. Prashanth, Advocate (OPUC) 7. Three C.D. Copies Cnr HIGH COURT DATED:03/02/2025 ORDER WP.No.28664 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS