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NINALA JAYASURYA
Priyanka Minerals and M/s. AVI Mines and Minerals – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
(Ninala Jayasurya, J.)
Aggrieved by the action of the respondents in not refunding the Security Deposit amounts, worth of Rs.31,75,000/-, remitted with each Quarry Lease Application, even after dropping from the lease of quarry, the present Writ Petition is filed.
2. Heard the learned counsel for the petitioner. Also heard learned Assistant Government Pleader for Mines & Geology, appearing for the respondents.
3. Learned counsel for the petitioner while making submissions with reference to the averments made in the writ affidavit, filed in support of the Writ Petition, inter alia, contends that the petitioner submitted applications for the Quarry Leases in Government Lands, situated in various villages of SPSR Nellore District, notified by the Government and the 4th respondent issued receipts for applications for quarry leases to the petitioner viz., M/s Priyanka Minerals and M/s. AVI Mines and Minerals. Learned counsel submits that the petitioner remitted security deposit amounts to a tune of Rs.31,75,000/-, as detailed in para - 6 of the writ affidavit. He further submits that on coming to know that there are few forest lands and issues of encroachment of land of quarries, t
The court mandated the timely refund of security deposits for quarry leases, emphasizing accountability in administrative actions.
The authority must provide adequate reasons for the complete forfeiture of a security deposit, especially when a lesser penalty has been imposed and already paid.
Judicial consistency demands adherence to prior rulings, ensuring prompt resolution of claims related to security deposits and sand ghat allotments.
The court held that if environment clearance is rejected, the contract becomes impossible, warranting a refund of the security deposit.
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