Madugula Hari Krishna, v. The Governemnt Of A.P., Rep By Its Principal Secretary

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No. 5351 of 2011 Order:

This writ petition was filed challenging the action of the respondents in recovering the seigniorage charges on sand with one time penalty from the bills and deposits of the petitioners, where permits for sand issued by the Mines Department were not produced.

2. This Court, by an order, dated 04.03.2011, directed the respondents not to recover the penalty component, however the petitioners were directed to pay seigniorage charges without penalty.

3. Now, the learned counsel for the petitioners submits that in identical situation this Court in WP No.18009 of 2010 passed the following order on 10.12.2012.

"Hence, the writ petition is disposed of directing that in case the seignorage fee on the sand utilized by the petitioner in the works executed by it is deducted from the bills and proof thereof is filed before the Assistant Director of Mines and Geology, the penalty shall not be levied. There shall be no order as to costs."

4. The same is not disputed by the learned Government Pleader.

5. In view of the same, this Writ Petition is also disposed of with similar direction. There shall be no order as to costs.

6. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

________________________ A.

RAMALINGESWARA RAO, J.

Date: 18.02.2016 Nsr