Dwarampudi Satish Kumar Raja, vs Government Of Andhra Pradesh,
2021 Latest Caselaw 2355 AP

     THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

                   WRIT PETITION No.887 of 2012


ORDER:

The petitioners seek writ of Mandamus declaring the action of the

respondents and their subordinates in proposing to recover the

seigniorage charges on sand with one time penalty from the bills and

deposits of the petitioners, on the premise that the permits for sand issued

by the Mines Department are not produced, as illegal, arbitrary and unjust

and consequential direction to respondents not to collect penalty on the

seigniorage charges from 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, as 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. 887 of 2012

09th July, 2021 krk