IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1793 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/10/2008 in WP NO : 8680 OF 2008 on the file of the High Court.) Between: The Mandal Parishad, Denkada Mandal, Vizianagaram District. rep by its President. ..... APPELLANT AND 1 The Government of Andhra Pradesh, Panchayat Raj Department, Secretariat, Hyderabad, rep by its Secretary. 2 The Government of Andhra Pradesh, Industries and Commerce Department,Secretariat, Hyderabad, rep by its Secretary. 3 The Collector, Vizianagaram District, at Vizianagaram. 4 The Zilla Parishad, Vizianagaram District, Vizianagaram, Rep by its Chief Executive Officer, 5 The District Panchayat Officer, Vizianagaram District-cum- Member, District Level Sand Auctions Committee, Vizianagaram District, Vizianagaram. 6 The Assistant Director, Mines and Geology Department, Vizianagaram. .....RESPONDENTS Counsel for the Appellant: SRI.C.V.R.RUDRA PRASAD Counsel for the Respondents.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1793 of 2008 JUDGMENT: (Per Hon’ble Sri Justice C.V. Nagarjuna Reddy) The short question that arises for consideration in this writ appeal is whether limiting of period for which the appellant is entitled to receive its share of amount towards the lease of sand quarries by the learned Single Judge is proper or not. The appellant is a Mandal Parishad in Vizianagaram District. It has filed W.P.No.8680 of 2008 for a writ of mandamus to declare the action of the respondents in not releasing the proportionate seignorage fee payable to it since the year 2000 in terms of G.O.Ms.No.255, Panchayat Raj and Rural Development (Pts.III) Department, dated 2.8.2001 and G.O.Ms.No.24, Industries and Commerce (M.I) Department, dated 12.2.2007 as illegal and arbitrary. In the writ petition, respondent No.4 filed a counter affidavit wherein it has not disputed the claim of the appellant for receiving its share of revenue from auction of sand quarries at the ratio of 37.5% under G.O.Ms.No.255, which was revised to 50% under G.O.Ms.No.24. The learned Single Judge however rejected the contention of the Zilla Parishad that in order to pay pension for 600 pensioners, the amount payable to the appellant and other similarly situated agencies such as Grampanchayats was not paid. He therefore, allowed the W.P. directing respondent No.4 to release the amounts towards the shares of the appellant from out of the amounts realized from the leases of sand quarries over the areas. The learned Single Judge, however, restricted such payment to a period of three years. The appellant thereafter filed an application to clarify the order, which was dismissed by the learned Single Judge by order dated 24.10.2008 in WPMP No.30421 of 2008. The appellant, therefore, filed the present writ appeal. At the hearing, there has been no representation for respondent No.4 both on the previous occasions and also today though his name is shown in the cause list. Since the fact that the appellant is entitled to receive its share from out of the amounts realized from the lease of sand quarries from the time is admitted by respondent No.4, we do not see any justification whatsoever to restrict the appellant’s claim to receive the said amount only for a period of three years. Accordingly, we allow the writ appeal by deleting the words ‘for past three years’ in order dated 9.9.2008 in WP No.8680 of 2008 and the said order is accordingly modified. Consequently, order dated 24.10.2008 in WPMP NO.30421 of 2008 in W.P.No.8680 of 2008 stands set aside. ________________________ Justice T. Meena Kumari _____________________________ Justice C.V. Nagarjuna Reddy Dated: 21.1.2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1793 of 2008 (Judgment delivered by the Hon’ble Sri Justice C.V. Nagarjuna Reddy) 21.1.2009