HONOURBLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 13835 OF 2005 DATED 28TH AUGUST, 2014.
BETWEEN M/s. Nagabhushanam & Co. Hyderabad.
….Petitioner and Government of Andhra Pradesh, rep. By its Principal Secretary, Roads & Buildings, Hyderabad and ors.
….Respondents.
HONOURBLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 13835 OF 2005
ORDER:
This Writ Petition was filed challenging the action of the fourth respondent in recovering an amount of Rs.4,32,923/- towards seignorage in the agreement C.R.No.50/1999-2000, dated 08.02.2000.
The petitioner states that the work pertains to construction of a bridge and it had to utilize certain minor mineral like sand, gravel, metal stones etc. for which it (petitioner) was bound to pay seignorage . Since the petitioner does not own any quarries, it had to procure the necessary minor mineral from the quarry owners by paying necessary charges for the quantity it purchased. Since the minor mineral was urgently needed and as the petitioner was not aware of G.O.Ms.No.23, dated 15.3.1999 it paid the charges as well as the seignorage to the quarry owners and obtained receipts. But the fourth respondent started recovering the seignorage charges in terms of G.O.Ms.No.23, dated 15.3.1999 whereby the existing procedure of contractors requiring to produce proof of payment of seignorage was done away and the concerned department was entrusted with the responsibility of recovering the seignorage basing upon the measurements. The petitioner took objection for the said recovery and produced the original receipts. Inspite of the same, the fourth respondent did not stop recovery of seignorage from the running bills of the petitioner and had recovered an amount of Rs.4,32,923/-. Aggrieved by the same, the petitioner submitted a representation on 16.6.2002, followed by another representation on 30.5.2005 furnishing all particulars of payment of seignorage.
The respondents filed a counter affidavit stating that recovery of seignorage charges is as per G.O.Ms.No.23, dated 5.3.1999 and that before passing orders on the representation submitted by the petitioner on 30.5.2005, the petitioner approached this Court by filing the present Writ Petition.
In the circumstances, the Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 30.5.2005 and pass appropriate orders thereon within a period of six months from the date of receipt of a copy of this order.
As a sequel to disposal of the Writ Petition, miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO
Dated 28th August, 2014. Msnro