M/S Siddhardha Constructions (Pvt.) Ltd., v. The Principal Chief Engineer,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.3676 of 2012 ORDER:

This writ petition was filed assailing the action of the respondent authorities in not accepting the dispatch permits and transit forms issued by the Assistant Director of Mines and Geology concerned in proof of payment of the seigniorage fee on the raw mineral and insisting upon production of fresh dispatch permits and transit forms bearing a date subsequent to the date of the petitioner's agreement. The Assistant Director of Mines and Geology, Hyderabad furnished written instructions dated 24.06.2015 to the office of the learned Government Pleader for Mines and Geology wherein he affirmed that the subject dispatch permits and transit forms had been verified and were found to be genuine.

It is also noticed that the Assistant Director of Mines and Geology, Hyderabad, addressed letter No.3255/S/2004 dated 24.06.2015 to the Senior Divisional Engineer/West/SC, Divisional Railway Manager (Works) at Secunderabad, informing him to the said effect. In the light of the aforestated present stand of the mining authorities, the authorities of the South Central Railway at Secunderabad and Guntur can accept the said dispatch permits and transit forms as sufficient proof of payment of seigniorage fee on the raw mineral.

In that view of the matter, the cause in this writ petition does not survive for adjudication on merits. In the light of the subsequent stand of the mining authorities, there is no difficulty for the railway authorities to process the pending bills of the petitioner and finalise the same in accordance with due procedure.

The writ petition is therefore disposed of directing the South Central Railway to process the pending bills of the petitioner, taking into account the subsequent communication by the mining authorities and remit the payments due to the petitioner, if any, expeditiously.

Pending Miscellaneous Petitions shall stand closed in the light of this final order. No order as to costs.

____________________ SANJAY KUMAR, J Date:01.07.2015 GJ