M.Rajeswar Reddy vs The Superintending Engineer,
2022 Latest Caselaw 3625 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                     WRIT PETITION No.13207 of 2011

ORDER:

The petitioner seeks 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 petitioner 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 petitioner and such other orders.

2. When the matter is called, it is represented by learned counsel for

petitioner so also the learned Government Pleader 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 prayed that similar orders may

be passed in this writ petition.

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

therein, the Writ Petition is disposed of, thus:

(a) In the event petitioner filed proof to the effect that seigniorage charges

were deducted from his 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, lest, the respondents shall be entitled to recover seigniorage

charges along with one time penalty as per the aforesaid G.O.

There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in this writ

petition shall stand closed.

____________________________________ VENKATESWARLU NIMMAGADDA, J

Date: 05.07.2022 Ivd

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.13207 of 2011

Date: 05.07.2022

Ivd