APHC010349682013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 30819/2013 Between: A Srimanarnayana Reddy, Hyderabad ...PETITIONER AND Principal Secretary, Municipal Administration Department, Hyderabad and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. U RAMANJANEYULU Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN AND URBAN DEV 2. B HANUMANTHA RAO (SC FOR KUR NEL MC) The Court made the following: 2 THE HON’BLE SRI JUTICE NYAPATHY VIJAY WRIT PETITION No.30819 of 2013 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondents in issuing instructions to recover the seigniorage charges on sand with one time penalty from the Petitioner pertaining to the acceptance letters vide Roc.No.3636/ 2012/ DB/ TO/ FDR, dated 22.01.2013, Roc.No.3636/ 2012/ DB/ TO/ FDR, dated 22.01.2013, Roc.No.3636/ 2013/ DB/ TO/ FDR, dated 02.03.2013, Roc.No.3636/ 2013/ DB/ TO/ FDR, dated 02.03.2013, Roc.No.3636/ DB/TO/FDR, dated 12.04.2013, Roc.No.3636/ 2013/ DB/ TO/ FDR, dated 12.04.2013 and Roc.No.2626/ 2013/ DB/ TO/ FDR, dated 01.05.2013 for the works executed by the Petitioner where permits for sand issued by the Mines Department are not produced, as illegal and arbitrary. 2. At the time of hearing, Sri U. Ramanjaneyulu, learned counsel for the Petitioner submits that the issue involved in this Writ Petition is squarely covered by the Order of this Court passed in Writ Petition No.6325 of 2011 & batch, dated 29.07.2015 and similar orders be passed in this Writ Petition. Learned Standing Counsel for the Respondent No.2-Corporation also agrees for the same. 3. In view of the submissions made, this Writ Petition is disposed of in terms of the Order in Writ Petition No.6325 of 2011 & batch, dated 29.07.2015, with the following directions: 3 i) If the Petitioner filed proof to the effect that seignorage charges were deducted from his bill/s by the Departments concerned, under whom he has 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; ii) If the Petitioner 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. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. The Registry is directed to attach a copy of the Order passed in W.P.No.6325 of 2013 & batch, dated 29.07.2015 to this Order. __________________ NYAPATHY VIJAY, J Date: 21.04.2025 IS 4 THE HON’BLE SRI JUTICE NYAPATHY VIJAY WRIT PETITION No.30819 of 2013 Date: 21.04.2025 IS