Nregs Works Execution Committee ... vs Govt Of A.P Rep.By Prl Secretary 3 ...
2022 Latest Caselaw 7727 AP

     THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR

                Writ Petition No.8528 of 2011

ORDER:-

      Heard both sides and perused the record.


2.    The present writ petition came to be filed, seeking to

declare 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, improper and incorrect and

consequently direct the respondents to drop all further

proceedings relating to recovery of the penalty on

seigniorage charges on the works executed by the

petitioners.

3. Today, when the matter is taken up for hearing,

learned counsel for the petitioners submit that the case on

hand is squarely covered by the judgment of the Composite

High Court in W.P.No.6058 of 2011, dated 02.01.2017 and

of this Court in W.P.No.21228 of 2011, dated 09.07.2021.

4. Following the above said judgments and for the

reasons recorded therein, the present Writ Petition is

disposed of, in the following terms:

(a) If the petitioners filed proof to the effect that seignorage 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; and

(b) If the petitioners failed to produce such proof, the respondents are entitled to recover seignorage charges along with one time penalty as envisaged in the aforesaid G.O.

Miscellaneous petitions pending, if any, shall stand

closed. There shall be no order as to costs.

_______________________________ JUSTICE C.PRAVEEN KUMAR

Date: 11.10.2022

MS

THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

Writ Petition No.8528 of 2011

Date:11.10.2022

MS