HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.22396 of 2014 Date: 12-08-2014 Between:
M/s. Daaj Hotels & Resorts Pvt. Ltd., represented by its Senior Manager, S.S.R. Murthy .. Petitioner AND The Assistant Director of Mines and Geology, Department of Mines and Geology and 3 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.22396 of 2014 ORDER:
This writ petition is filed for a mandamus declaring the action of the 2nd respondent in not granting stay order on the stay petition pending disposal of the appeal dated 07-04-2014 filed by the petitioner against the Demand Notice No.2121-20/VG-I/2013, dated 10-01-2014 issued by the 1st respondent as illegal and arbitrary and for a consequential direction to the respondents not to take any coercive steps in pursuance of Demand Notice dated 10-01-2014.
2. The case of the petitioner is that the petitioner entrusted the construction work to Mfar Constructions Pvt. Ltd., and the petitioner company received a demand notice asking them to pay an amount of Rs.18,38,090/- towards Normal Seigniorage and also an amount of Rs.1,44,09,200/- towards penalty vide Demand Notice dated 2121-20/VG-I/2013, dated 10-01-2014 and vide Letter No.1127/Commercial Complex/2014, dated 06-05-2014. It is stated that against the said proceedings, the petitioner preferred an appeal before the 1st respondent on 07-04-2014 and when the 1st respondent is not taking steps to dispose of the said appeal, the petitioner filed W.P.No.17452 of 2014 wherein this court passed an order on 02-08-2014 directing the Government to deal with the revision preferred by the petitioner. It is also stated that after passing the said order, the petitioner filed stay petition, but the 2nd respondent has not passed any orders on the stay petition. It is further stated that the 4th respondent issued Distrait Order dated 11-07-2014 directing the Deputy Tahsildar to distrait the petitioner’s property. Aggrieved by the said order, the present writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Industries.
4. Learned counsel for the petitioner stated that the petitioner has already paid an amount of Rs.18,00,000/- towards normal seigniorage charges and that questioning about the penalty amount, the petitioner preferred a revision, which is pending before the 1st respondent.
5. Heard the learned Assistant Government Pleader for Mines and Geology.
6. Since it is stated that the revision preferred by the petitioner against the penalty amount is pending before the 1st respondent, the petitioner can raise all its contentions as raised herein before the 1st respondent and having regard to the fact that the petitioner has already paid the normal seigniorage charges, there shall be stay of sale of distrait property till disposal of the revision petition. The petitioner shall not dispose of the property distrait pending revision petition before the Government.
With the above directions, the writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 12-08-2014 Ksn