APHC010582702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30353/2025 Between: 1. ALAVALAPATI NAGABHUSHAN REDDY, S/O. A. RAMA SUBBA REDDY, AGED ABOUT 50 YEARS, OCC. BUSINESS, R/O. D. NO. 1/8, LOPATNUTHALA VILLAGE, LINGALA MANDAL, YSR KADAPA 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, VIJAYAWADA, NTR DISTRICT. 3. THE DEPUTY OF MINES AND GEOLOGY, KADAPA, YSR KADAPA DISTRICT. 4. THE DISTRICT MINES AND GEOLOGY OFFICER, KADAPA, YSR KADAPA DISTRICT. 5. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. R5 IS IMPLEADED AS PER THE COURT'S ORDER DT.07.11.2025. ...RESPONDENT(S): 2 HN,J W.P.No.30353 of 2025 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 toPleased to issue a writ or direction preferably writ of mandamus declaring the action of respondents in not refund the EMD amount of Rs. 1,75,000/- i.e., 1) amount of Rs.1,25,000/- vide Challana in CFMS / Transaction ID.3013279312019 dated 23.12.2019 for Quarry Lease application for Barytes over and extent of 4.940 Ha in Sy.No. 01 of T. Velamavaripalli Village, VempalliMandal, Y.S.RKadapa District in pursuance of proceedings No. 6803/DI 2-KDP dated. 21.07.2022 and 2). Amount of Rs.50,000/- vide Challan.No. CFMS / Transaction ID. 20064818082018 dated. 04.01.2019 for a grant of quarry lease for Road metal and Building stone over an extent of 4.997 Hectares in Sy.275 of Ramanuthalapalli Village,LingalaMandal, Y.S.R. Kadapa District in pursuance of proceedings NO.1525/QL/2022 dated 16.06.2022 with regard to the rejection of Quarry lease applications submitted by the petitioner is illegal, arbitrary and violation of principles of natural justice and violation of Article 300-A of the constitution of India and consequntly direct the respondent to refund and pay an amount of Rs. 1,75,000/- to the petitioner and pass IA 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 Pleased to direct the respondnet to consider and dispose of the petitioner representation dated 15.04.2024 to the 4threspondnet for refund and pay an amount of Rs. 1,75,000/- to the petitioner, pending disposal of the W.P and pass Counsel for the Petitioner: 1. SATISH SANDU Counsel for the Respondent(S): 1. GP FOR INDUSTRIES COMMERCE 2. GP FOR FINANCE PLANNING 3 HN,J W.P.No.30353 of 2025 The Court made the following Order: Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology appearing for the respondent Nos.1 to 4 and the learned Assistant Government Pleader for Finance for the 5th respondent. 2. This present writ petition is filed seeking refund of EMD amount of Rs. 1,75,000/- i.e., 1) amount of Rs.1,25,000/- vide Challana in CFMS/Transaction ID.3013279312019 dated 23.12.2019 for Quarry Lease application for Barytes over and extent of 4.940 Ha in Sy.No.01 of T. Velamavaripalli Village, VempalliMandal, Y.S.R Kadapa District in pursuance of proceedings No.6803/D12-KDP dated 21.07.2022 and 2) Amount of Rs.50,000/- vide Challan No.CFMS/Transaction ID:20064818082018 dated 04.01.2019 for a grant of quarry lease for Road metal and Building stone over an extent of 4.997 Hectares in Sy.No.275 of Ramanuthalapalli Village, Lingala Mandal, Y.S.R. Kadapa District in pursuance of proceedings NO.1525/QL/2022 dated 16.06.2022 with regard to the rejection of Quarry lease applications submitted by the petitioner. 3. It is submitted that though the work entrusted to the petitioner was completed and the bills were settled, further EMD amount pertaining to the said works is not released by the respondents. The petitioner deposited EMD amount of Rs.1,75,000/- for grant of quarry lease but his application was rejected. However, the EMD amount of Rs.1, 75,000/- was not returned. 4 HN,J W.P.No.30353 of 2025 4. Learned Assistant Government Pleader on written instructions submits that there was a re-organization of the Mines and Geology Department and the amount deposited by the petitioner was transferred to another department and it has to be transferred to the DDO Code of the AD, Mines and Geology, Kadapa. 5. It is further submitted that the respondents have made appropriate correspondence to the Director of Treasuries & Accounts Department for taking further action and the Finance Department will clear the bill as and when it is received from the said department. 6. Recording the said submissions, the Writ Petition is disposed of directing the respondents to release the EMD amount of the petitioner within a period of eight (08) weeks from the date receipt of a copy of this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 24.11.2025 PGT