IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 18689 of 1998 Between: Ch. Balaji, S/o. Ramaiah, 30/820, Balaji Nagar, Nellore. ..... PETITIONER AND Superintending Engineer, P.W.(R&B), N.H.Circle, Nellore. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue appropriate Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents insisting the Mines Department Revenue Clearance Certificate in its absence collecting five time penality along with normal seinginorage fee is illegal, and arbitrary from the bills of the contractors and consequently direct the respondents not to collect five time penality alongwith normal seigniorage fee from the bills of the petitioner contractor in pursuance of Agreement C.R.No.S. 160/97-98 dated 23-3-1998 and 63/97-98 dated 27-9-1997 Counsel for the Petitioner:MR.K.ANJI REDDY Counsel for the Respondent No.: SPL GP FOR TAXES The Court made the following : ORDER: This writ petition is filed questioning the action of the respondents in insisting the Mines Department Revenue Clearence Certificate and in its absence collecting five time penality along with normal seigniorage fee. It is submitted by the learned Special Government pleader for Transport and admitted to by the learned counsel for the petitioner that the subject matter of this writ petition is squarely covered by the common order passed by this Court in W.P. No.7456 of 1997 and batch, dated 07-10-1998. In the circumstances, following the common order of this Court in W.P. No.7456 of 1997 and batch, dated 07-10-1998, this writ petition is dismissed for the same and similar reasons. No costs. However, it is made clear that the conditions stipulated in G.O. Ms. No.6, dated 12-01-1996 are applicable only in respect of the contracts for which the agreements are executed on or after 12-01-1996, and the works covered prior to that date shall be processed under G.O. Ms. No.205, dated 08-10-1993. If the petitioner had already drawn his bills pending payment of seigniorage fee, he shall now pay the same within a period of eight weeks from today, if not already paid. If the petitioner failed to comply with the condition, he shall also pay the penalty of five times, if the agreements are concluded and civil works carried out beyond 12-01-1996, within a period of six weeks from today. ______________ N.V. RAMANA, J 9-3-2005 tvk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.. Superintending Engineer, P.W.(R&B), N.H.Circle, Nellore. 2) 2 CD copies The Government Pleader for Transport, High Court of A.P. Buildings, Hyderabad (OUT) Form-NIC-OGS/WP{VEENA}