M/S M.Nagireddy And Company, v. The State Of A.P.,

HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.40785 OF 2014 Between:- M/s. M. Nagireddy & Company, Visakapatnam.

... Petitioner And The State of Andhra Pradesh, Rep. by its Principal Secretary, Industries, Commerce, Mines & Geology Department, Secretariat, Hyderabad and others. ... Respondents This Court made the following:- HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.40785 OF 2014 ORDER:

The petitioner herein is a contractor who was allotted contract work of construction of Municipal Corporation Office Building for Rajahmundry Municipal Corporation, Rajahmundry under an agreement dated 09.07.2013 and while the

said work was in progress, the petitioner was asked to pay seigniorage charges on sand with one time penalty in terms of G.O.Ms.No. 84, Industries & Commerce (M1) Department, dated 10.4.2007, and it was sought to be recovered from the petitioner's bills which is questioned in this writ petition. Similar issue was already considered by this Court in W.P.No.40817 of 2014 by order dated 13.03.2015.

In view of that, this writ petition is also disposed of directing that in case the seigniorage fee on the sand utilised by the petitioner in the works executed by him is deducted from the bills and proof thereof is filed before the Assistant Director of Mines and Geology, the penalty shall not be levied. Miscellaneous applications, if any, shall stand closed. No order as to costs. ______________________________ VILAS V. AFZULPURKAR, J va HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR

WRIT PETITION No.40785 OF 2014

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