IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER, TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3703 of 2002 Between: M/s Kandi Constructions Class II Reg,No.2200, Rep by its Managing Partner Kandi Yellaiah,H.no.7-53, Medara Basthi, Kothagudem, Khammam District. ..... PETITIONER AND 1 The Singareni Colleries Co.Ltd, Rep by its General Manager, Yellandu, Khammam District. 2 The Chief (P & A), Singareni Colleries Co.Ltd, Head Officer, Kothagudem, Khammam District. 3 The Control of Accounts, Singareni Colleries Co.Ltd, Yellandu, Kothagudem, Khammam District. 4 The Chief Engineer (Civil), Singareni Colleries Co.Ltd, Head Officer, Kothagudem, Khammam District. .....RESPONDENT(S) 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, direction or any appropriate Writ more particluarly one in the nature of Writ of Mandamus declaring the action of the respondents in collecting the seginiorage fee and cess charges from the petitioner by deducting the same from his bills with effect from the date of agreement as illegal, and violative of Principles of naturel justice Counsel for the Petitioner:MR.K.V.N.BHUPAL Counsel for the Respondent No.: MR.NANDIGAM KRISHNA RAO The Court made the following : THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3703 of 2002 ORDER: The petitioner was awarded a contract by M/s. Singareni Collieries Company Limited- first respondent. The petitioner utilized part of the stone recovered during the course of contract for other works on the basis of the same agreement. The first respondent started collecting seigniorage fee from the petitioner and depositing the same with the accounts department of the Government. The same is challenged in this writ petition. The petitioner claims exemption under G.O.Ms.No.29, Industries and Commerce (Mines-I) dated 12.1.1976 on the ground that the partners of the petitioner are from Vaddera community. Heard the learned counsel for the petitioner and the learned counsel for the respondents. A division bench of this Court in W.P.No.19363 of 1996 has dealt with a matter of similar nature. It was directed that the Assistant Director of Mines and Geology of the concerned area shall consider the representation made by the contractors on whom the seigniorage fee is levied and till any orders are passed on such consideration, the amount equivalent to the seigniorage fee was directed to be kept with the Singareni Collieries Company Limited itself. The same arrangement holds good for this writ petition. It is also represented that the work assigned to the petitioner has since been lapsed and no further orders are necessary in this writ petition. Hence, the writ petition is closed. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J 11-12-2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MN}