IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO: 23787 of 1998 Between: B. Vishnu Prasad S/o Balaiah Santhapeta, Ongole ... PETITIONER AND 1 Superintending Engineeer R & B (N.H.) Circle, Nellore 2 Executive Engineeer R & B (N.H.) Division, Nellore ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandmaus declaring the action of the respondents in insisting Mines Dept. Revenue Clearance Certificate in its abscence collecting five time penalty along with normal seigniorage fee is illegal, arbitrary from the bills of the contractors and consequently direct the respondents not to collect five time penalty alongwith normal seigniorage fee from the bills of the petitioner contractor in pursuance of various agreements. Counsel for the Petitioner: MR.KOONA REDDY ANJI REDDY Counsel for the Respondents: GP FOR ROADS & BUILDINGS The Court made the following: ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader appearing on behalf of the respondents. 2. It is submitted by the learned Government pleader 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 1998 and batch, dated 07-10-1998. 3. In the circumstances, following the common order of this Court in W.P. No.7456 of 1998 and batch, dated 07-10-1998, this writ petition is dismissed for the same and similar reasons. No costs. 4. 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 March 2, 2005 MRR Copy to: 1 Superintending Engineeer R & B (N.H.) Circle, Nellore 2 Executive Engineeer R & B (N.H.) Division, Nellore 3 Two C.C. s to the G.P. for Roads and Buildings, Hyderabad (OUT) 4 Two C.D. Copies.