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SANJAYA KUMAR MISHRA, SANJAY KUMAR DWIVEDI
Mahadev Enclave Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. By filing the instant writ application under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondent authorities to refund the full amount of security deposit and 40 % of the bid amount amounting to Rs.30,10,000/-and Rs.1,20,40,000/-, respectively, totaling to Rs. 1,50,50,000/-pertaining to Narottampur Sand Ghat Mining Project on Sundar River, situated at Mouza Narottampur in the district of Godda, having an area of 22.72 acres in view of the fact that the respondent-authorities have never entered into an agreement with the petitioner pertaining to the said sand Ghat and the petitioner was further not allowed to excavate sand from the mining side. It is also prayed for a writ in the nature of mandamus directing the respondent authorities to pay interest @ 18 % per annum on the amount to be refunded to the petitioner towards security deposit amount and other dues, as stated above. The petitioner has confined his prayer to the aforesaid extent.
2. The facts of the case lies in a narrow compass:
Petitioners entitled to seek refund of Earnest Money and Security Deposit due to State's alleged delays in environmental clearance processing.
The government's decision must conform to the principles of reasonableness and be free from arbitrariness, bias, and mala-fides. The order of forfeiture of security deposit cannot be passed in violat....
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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