THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.32248 of 2014 Date:28.10.2014 Between:
M/s. Gangothri Metal Industry, Rep., by its Managing Partner Sri M. Anand Reddy .. Petitioner And The Assistant Director of Mines and Geology and others .. Respondents THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.32248 of 2014 ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Mines and Geology representing the respondents.
Petitioner states that a demand is made against him by the Assistant Director of Mines and Geology, Sangareddy, Medak District – 2nd respondent by demand notice dated 26.08.2014 for an amount of Rs.4,18,449/- towards normal seigniorage fee along with five times penalty within ten days. The said demand notice was issued on the ground that the petitioner has not remitted the seigniorage fee for the mineral extracted covering the estimated quantity of 8,368.99 Cubic Metres of Stone and Metal.
Petitioner has questioned the said demand notice by filing an appeal/revision before the Government under Rule 35-A of the Andhra Pradesh Minor Mineral Concession Rules, 1966 along with an application for interim relief.
Learned counsel for the petitioner states that the said appeal/revision is pending before the Government. It was heard on two occasions, but no interim order was passed by the Government in spite of request by the petitioner and in the meanwhile, transport permit to the petitioner has not been issued by the Assistant Director of Mines and Geology on the ground that demand for seigniorage fee and penalty is pending against the petitioner.
It is evident from the record that the Government has called for remarks on the said revision application and the same is likely to be heard in the near future. However, the petitioner is denied the transport permit in the meanwhile. The industry of the petitioner is likely to prejudice.
Keeping in view that the petitioner has subsisting lease and that the demand against him is pending adjudication before the Government, I deem it appropriate to dispose of the Writ Petition directing the Assistant Director of Mines and Geology – the 1st respondent to consider and issue transport permit to the petitioner subject to the condition that the petitioner deposits the normal seigniorage fee demanded against him as per the demand notice which is in question, before the 1st respondent and on submission of proof of payment of the said normal seigniorage fee of Rs.4,18,449/-, the 1st respondent should consider and pass appropriate orders relating to transport permit sought for by the petitioner. The 4th respondent – Government shall consider and dispose of the revision filed by the petitioner expeditiously, preferably within three months from the date of receipt of a copy of this order.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
VILAS V.AFZULPURKAR, J
28.10.2014 Note: Issue C.C. in three days. (B/o)
KH