IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1661 of 2014 Date: 30.12.2014 Between:
The Rehabilitants’ Pulverizing Mill Owners’ Welfare Association, rep., by its President, YSR District.
… Appellant And The State of Andhra Pradesh, rep., by its Secretary, Industries & Mines Department, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1661 of 2014 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) After hearing the learned counsel for the parties we think that the following order will sub-serve the interest of justice for which both the learned counsel fairly agreed to.
The 2nd respondent shall take a decision as to whether they will supply the barytes in terms of the agreement to the writ petitioner – appellant or not within a period of one month from the date of receipt of a copy of this order and such decision must be communicated to the appellant within seven days from the date of taking the decision. In the event, decision is taken to supply the barytes to the appellant the same must be done forthwith. In the event, if they decided not to supply barytes then the respondent Corporation shall refund the amount paid by the writ petitioner – appellant. However, the bank accounts of the respondent Corporation shall be de-frozen and the amount paid by the writ petitioner association shall be refunded with interest as per bank rate within one month from the date of de-frozing of the accounts.
The writ appeal is accordingly disposed of.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 30.12.2014 ES