M/S. P. Narasimha Rao And Company v. The Government Of Andhra Pradesh Rep By Its Principal

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION Nos.21708 & 33683 of 2010 COMMON ORDER:

These two writ petitions are filed challenging the action of respondents in issuing instructions to effect recovery of Seigniorage charges on sand with one time penalty from the bills pertaining to agreements executed by the petitioners. The issue raised in the present writ petitions is no longer res integra. A learned single Judge of this Court in W.P.No.1426 of 2012 & batch disposed of the similar cases on 29.07.2015 in the following terms:

a ) If the petitioners filed proof to the effect that Seigniorage 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 Seigniorage charges along with one time penalty as envisaged in the aforesaid GO.

Accordingly, these writ petitions are also disposed of in terms of the order in W.P.No.1426 of 2012 & batch, dated 29.07.2015. No order as to costs. Miscellaneous Petitions, if any, pending in these Writ Petitions shall stand closed. ________________________________ A.RAMALINGESWARA RAO, J 18.04.2016 Note: Registry is directed to attach a copy of order in W.P.No.1426 of 2012 & batch dated 29.07.2015 to this order (B/O) MVA