IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 4026 of 2002 Between: Rep. by its Managing Partner Sri P.Rama Krishna, Hindu S/o. P.Jagan Mohan Rao, R/o. 101, Garuda Srininkethan Apartments, Street No.11, Himayatnagar, Hyderabad - 500 029 M/s Parameswari Minerals, ..... PETITIONER AND 1 The District Panchayat Officer, Kakinada, East Godavari District. 2 The Divisional Panchayat Officer, Peddapuram, East Godavari District. 3 Gajjianapudi Gram Panchayat, Rep. by its Executive Officer, Prattipadu Mandal, East Godavari District. 4 Kothapalli Gram Panchayat, Rep. by its Executive Officer, Prattipadu Mandal, East Godavari District. .....RESPONDENTS 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 an order or direction more in the nature of Writ of Mandamus directing the respondents not to insist or collect any amount from the petitioner's firm in the name of 'Aashilu' (said in Telugu) in respect of the mineral extracted from the leased area in Sy.No.262/1 to an extent of ac.17.59 cents of Gajjanapudi Village, Prathipadu Mandal, East Godavari District granted in G.O.Ms.No.93, Industries and Commerce (M.III) Department, dt. 27.3.1998 and transported through heavy vehicles by plying through the Gram Panchayats of the respondents 3 and 4, by holding that the respondents have no jurisdiction or power to collect any amount from the petitioner's firm including 'Aaishulu' (said in Telugu) under the provisions of the A.P. Panchayat Raj ACt, 1994 and the rules framed thereunder. Counsel for the Petitioner: MR.T.SURYA KARAN REDDY Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following: THE HON'BLE SRI JUSTICE C.V.RAMULU Writ Petition No.4026 of 2002 Order: This writ petition is filed seeking a Mandamus directing the respondents not to insist or collect any amount in the name of ‘Aashilu’ from the petitioner-firm in respect of mineral extracted from the leased area in Survey No.262/1 in an extent of Acs.17.59 cents of Gajjanapudi Village, Prathipadu Mandal, East Godavari District, and transported through heavy vehicles by plying through the Gram Panchayats of respondent Nos.3 and 4. It appears, the petitioner-firm obtained mining lease for quarrying laterite in an extent of Acs.17.59 cents in Survey No.262/1 of Gajjanapudi Village, Prathipadu Mandal, East Godavari District for a period of 20 years vide G.O.Ms.No.93, Industries and Commerce (M.III), Department, dated 27.03.1998. It is stated that the petitioner-firm is paying mineral rights tax, royalty and other required amounts to the State Government for extracting the laterite from the leased area and transporting the same, after obtaining the required desptach permits of the Mines & Geology Department. While so, it is the grievance of the petitioner-firm that the respondent Nos.3 and 4, Gram Panchayats, are insisting it to pay a sum of Rs.45/- per lorry load of laterite extracted from the leased area calling it as ‘Aashilu’, which is illegal and without jurisdiction. It is stated by the petitioner-firm that it has got issued a legal notice, dated 13.08.2001, on the respondents requesting to quote the provision of law, under which, they are collecting the amounts from it, in vain. It is further stated that Sections 60, 61, 63, 70, 71 and 72 of the A.P. Panchayat Raj Act, 1994 (for short ‘the Act’) envisaged in Chapter- III deals with the power of taxation of the Gram Panchayat. Section 60(4) thereof stipulates that the Gram Panchayat cannot collect any duty on minerals and minor minerals quarried in the village. Under Sections 60(3) and 70 of the Act read with the rules framed by the Government in G.O.Ms.No.703, Panchayat Raj and Rural Development Department, dated 01.11.1995, the Gram Panchayat has no jurisdiction to collect any tax on a motor vehicle as defined in Motor Vehicles Act, 1988. Therefore, it is submitted that respondent Nos.3 and 4 have no jurisdiction to collect any duty or tax on the mineral extracted from the leased area and as such, collection of ‘Aashilu’ from the petitioner-firm by respondents 3 and 4 under the approval of respondent Nos.1 and 2. No counter affidavit is filed by any of the respondents. Even the learned Government Pleader for Panchayat Raj & Rural Development could not demonstrate the right of the Gram Panchayat in collecting the amounts (Aashilu) from the petitioner-firm for transportation of minerals extracted from the leased area. Under these circumstances, the writ petition is disposed of directing the respondents not to obstruct plying of lorries of the petitioner-firm through respondent Nos.3 and 4-Gram Panchayats in respect of mineral extracted from the leased area in Survey No.262/1 in an extent of Acs.17.59 cents of Gajjanapudi Village, Prathipadu Mandal, East Godavari District and no amount (Aashilu) in this regard shall be levied, without following due process of law. No costs. ____________ C.V. Ramulu, J Date:17.07.2009 VGB