Nregs Works Execution Committee, vs Government Of Andhra Pradesh, ...
2021 Latest Caselaw 2354 AP

     THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

                  WRIT PETITION No. 19143 of 2011


ORDER:

The petitioners seek writ of Mandamus declaring the action of the

respondents in proposing to recover the seigniorage charges on sand with

one time penalty from the bills of the petitioners in respect of the works

executed under them on the pretext that the permits for sand issued by the

Mines Department were not produced, as illegal, arbitrary and unjust and

consequential direction to respondents to drop all further proceedings

relating to recovery of the penalty on seigniorage charges on the works

executed by the petitioners and such other orders.

2. When the matter is called, it is submitted by both the counsel that

the issue in the present writ petition is squarely covered by the orders of

this Court in W.P.No.8539 of 2011, dated 02.01.2017 and copy of the

same is also placed on record.

3. Following the above said judgment and for the reasons recorded

therein, the Writ Petition is disposed of, in follows:

(a) If the petitioners able to file proof to the effect that seigniorage

charges were deducted from their bills by the Departments

concerned under whom they have executed the contract works,

no penalty shall be levied as per G.O.Ms.No.84, Industries &

Commerce (MI) Department, dated 10.04.2007 as otherwise the

respondents are entitled to recover seigniorage charges along

with one time penalty as envisaged in the aforesaid G.O.

No costs.

Miscellaneous applications pending, if any, shall stand closed in

consequence.

__________________________ U. DURGA PRASAD RAO, J 09th July, 2021 krk

THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

W.P No. 19143 of 2011

09th July, 2021 krk