R. Applanaidu v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6489 of 2016 ORDER:

The prayer of the petitioners in this case is as under: "it is therefore prayed that this Hon'ble Court may be pleased to issue writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents not delivering sand to the petitioners as per their orders through Meseva dated 21.11.2015 as illegal, arbitrary and contrary to A.P. Mines and Mineral Concession Rules, and violative of Principles of Natural Justice consequently direct the Respondents to deliver the sand to the petitioners as per their orders and pass such other or further orders may deem fit and proper under the circumstances of the case."

2. Admittedly, the petitioners booked consignments of sand online. Learned Assistant Government Pleader for Mines and Geology stated that under the Memo No.3066/M.II(1)/2016-3 dated 04.03.2016 issued by the Industries and Commerce (M.II) Department of the State of Andhra Pradesh, the policy in relation to sand mining has been changed and people who have booked sand online would be refunded their advances by the SERP if they had not been delivered the sand so far.

3. In the light of the afore-stated changed policy of the State, it shall be open to the petitioners to apply for refund of the amounts paid by them for delivery of sand pursuant to their online bookings.

The respondent authorities shall ensure compliance with clause 11(ii) of the Memo dated 04.03.2016 and refund the amounts due to the petitioners expeditiously.

The Writ Petition is accordingly closed.

Pending miscellaneous petitions, if any, shall also stand dismissed in the light of this final order. No order as to costs. ______________________________ JUSTICE SANJAY KUMAR March 28, 2016 LMV