Andhra Pradesh High Court - Amravati
M/S.Mythri Infra Partnership ... vs The State Of Andhra Pradesh, on 6 May, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.274 of 2021
(Taken up through video conferencing)
M/s Mythri Infra (Partnership firm),
Office at 2-316, Matlaplem, Rajula Colony,
G. Vemavaram Village, Tallarevu Mandal,
East Godavari District, Andhra Pradesh-533461,
Rep., by its Managing Partner,
D. Murali Mohana Varma, aged about 38 years,
R/o 4-84, Turangi, Kakinada Rural Mandal,
East Godavari District and others.
.. Appellants.
Versus
The State of Andhra Pradesh,
Rep., by its Principal Secretary,
Industries and Commerce (Mines)
Dept., Secretariat, Velagapudi,
Amaravati, Guntur District and others.
..Respondents.
Counsel for the Appellants : Mr. N. Ashwani Kumar
Counsel for respondents No.1, 2, 4 & 5 : GP for Mines and Geology
Counsel for respondent No.3 : GP for Home
Counsel for respondents No.6 to 8 : GP for Revenue
Counsel for respondent No.10 : Mr. A. Prabhakar Rao
ORAL JUDGMENT
Dt: 06.05.2021
(per Arup Kumar Goswami, CJ)
Heard Mr. N. Ashwani Kumar, learned counsel for the appellants.
Also heard, the learned Government Pleader for Mines & Geology
HCJ & CPK, J
WA No.274 of 2021
appearing for respondents No.1, 2, 4 & 5, learned Government Pleader
for Home appearing for respondent No.3, learned Government Pleader for
Revenue appearing for respondents No.6 to 8 and Mr. A. Prabhakar Rao,
learned counsel for respondent No.10.
This writ appeal is preferred against the interim order dated
23.04.2021 passed in I.A.No.1 of 2021 in W.P.No.8810 of 2021 by learned
single Judge.
The order under appeal reads as follows:
"For the reasons stated while granting interim
direction in I.A.No.02 of 2021, there shall be interim
direction to the respondent Nos.1, 2, 4 and 5 to collect the
seignorage fee with penalty from the unofficial respondents
as per the Demand Notices bearing Nos.2128/TP/2020,
2129/TP/2020 and 1305/TP/2020, dt. 26.10.2020 issued to
the unofficial respondent Nos.9 to 11 forthwith."
It is contended by Mr. N. Ashwani Kumar, learned counsel for the
appellants that the writ petition is not maintainable as it is in the nature of
public interest litigation and therefore, the interim order cannot be
sustained in law. It is further submitted that against the demand notices
referred to in the order under appeal, revision applications were filed
before the competent authorities.
On a query of the Court, it is submitted by him that till date, no
orders have been passed staying the said demand notices.
Since the appellants have raised an issue of maintainability of the
writ petition, it is more appropriate that such a plea is raised before the
HCJ & CPK, J
WA No.274 of 2021
learned single Judge, if so advised. Accordingly, we are not inclined to
entertain this appeal.
Resultantly, the Writ Appeal stands disposed of. No costs. Pending
miscellaneous applications, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
Nn
HCJ & CPK, J
WA No.274 of 2021
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.274 of 2021
(per Arup Kumar Goswami, CJ)
Dt: 06.05.2021
Nn
