THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 12286 OF 2005 Dated: 29-07-2010 Between: K.V. Subbaraju ... PETITIONER AND Government of Andhra Pradesh, rep., by its Commissioner PR & RE, Panchayat Raj and Rural Employment Department, PR Bhavan, Urdhall Lane, Himayatnagar, Hyderabad – 500 029 and two others ... RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 12286 OF 2005 ORDER: The petitioner is a member of Mandal Parishad Territorial Constituency, Ozilli Mandal of Nellore District. In this writ petition, he complains about the inaction on the part of respondent Nos. 1 and 2 in collecting the seigniorage fee from respondent No.3 and distributing the same to the local bodies viz., Gram Panchayat, Mandal Parishad and Zilla Parishad as per the ratio fixed by the Government in G.O.Ms. No. 255, Panchayat Raj and Rural Development (Pts.III) Department, dated 02-08-2001. It is stated that the 3rd respondent – Company was granted quarry lease to extract road metal over an extent of 10,000 hectares of land in Survey No. 103 of Gurramkonda Village, Ozilli Mandal of Nellore District for a period of ten years commencing from 31-03- 2001 to 30-03-2011. Such grant of lease is covered by the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short, ‘the Rules’). In this writ petition, it is the grievance of the petitioner that though respondent No.3 is operating quarry, it is not paying necessary seigniorage fee as per the Rules. The petitioner further complains about the inaction of the Government in collecting the seigniorage fee and distributing the said fee to various local bodies in terms of G.O.Ms.No.255, dated 02-08-2001. A detailed counter affidavit is filed by respondent No.3 wherein it has denied the allegation that it is not paying the seigniorage fee and has given the particulars of payments made towards seigniorage fee/royalty to the concerned authorities up to 02-03-2005 and stated that an amount of Rs.2,16,89,701/- was paid by that time. In terms of the orders issued by the Government in G.O.Ms.No.255, dated 02-08-2001, the seigniorage fee collected shall be credited to the consolidated fund of the State. It was further ordered that the seigniorage fee collected and credited to the consolidated fund shall be apportioned in the ratio of 25:50:25 among the Gram Panchayat, Mandal Parishad and Zilla Parishad respectively. In this writ petition, it is to be noticed that local body as such has not come up with any complaint. The petitioner claiming to be a member of Mandal Parishad Territorial Constituency filed this writ petition. From the counter affidavit filed by respondent No.3, it is clear that it is paying necessary seigniorage fee in terms of the agreement and also as per the Rules framed by the Government. Therefore, it cannot be said that respondent No.3 has failed to pay necessary seigniorage fee as required to be paid in terms of the agreement and as per the Rules. So far as distribution of the amount to the local bodies is concerned, any local body as such has not approached this Court. Even according to the petitioner, he did not make any representation at any point of time to the Government for distribution of the amount received towards seigniorage fee among the various local bodies. Therefore, directions as prayed for by the petitioner cannot be issued in this writ petition. However, in view of the fact that respondent No.3 had already paid the seigniorage fee and royalty charges, I deem it appropriate to permit the petitioner to make a representation to the Government for distribution of seigniorage fee so received among various local bodies i.e., Gram Panchayat, Mandal Parishad and Zilla Parishad in proportion to the ratio as laid down by the Government in G.O.Ms.No. 255, dated 02- 08-2001 or any other order which is issued subsequently. If any such representation is made, I am sure that the Government will look into the matter and pass appropriate orders. Subject to the above directions, the writ petition is disposed of. No order as to costs. R. SUBHASH REDDY, J 29-07-2010 ks