M/S. Back Bone Project Limited, vs State Of Andhra Pradesh, ...
2022 Latest Caselaw 3820 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                       WRIT PETITION No. 15033 of 2010

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

7th July, 2022 cbs

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No. 15033 of 2010

7th July, 2022 cbs