IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.6886 of 2008 Between: M/s. Tirumala Trading Company D.No.1-2-Pallur(V) Gudipala(M) Chittoor rep.by its Proprietor Mr V.Narasimha Reddy S/o.Sri V.Venugopal Reddy ..... PETITIONER AND 1 The Government of A.P rep.by its Director of Mines & Gelogy, BRKR Bhavan Hyderabad. 2 The Deputy Director Of Mines & Geology, Government of A.P Kadapa. 3 The Assistant Director of Mines & Gelogy(Vigilance), Government of A.P Tirupathi. 4 The Station House Officer, Gajulamadhyam Police Station Chittoor 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 may be pleased to issue an order or direction or writ particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the respondents in detaining the vehicles which are being engaged by the petitioner for transportation of blue metal from the State of Tamil Nadu as illegal and arbitrary(ii) declare that the petitioner is not liable to pay any mineral revenue under the provisions of A.P Mineral Development Rules 2000 and consequently direct the respondents not to detain the vehicles of the petitioner engaged in transportation of blue metal. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondents 1 to 3: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.4 : G.P. for Home The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.6886 of 2008 ORDER: Petitioner is engaged in transportation of blue metal from the State of Tamil Nadu to the State of Andhra Pradesh. It alleges that though it is paying the required royalty and obtaining the transit forms from the department of Mines and Geology, State of Tamil Nadu, the officials of the department of Mines and Geology in Andhra Pradesh are seizing its vehicles and surrendering them to police and it is made to pay royalty again for release of the vehicles. Petitioner further alleges that it addressed letters to the Director of Mines and Geology, Andhra Pradesh, bringing the said fact to his notice, but in vain. Hence, this writ petition seeking appropriate directions in this regard. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology and the Assistant Government Pleader for Home. Having perused the order dated 24.03.2008 passed by the third respondent, it appears that the transit forms obtained by the petitioner from the department of Mines and Geology, Tamil Nadu are without payment of royalty. If really petitioner paid the royalty in the State of Tamil Nadu, definitely the contention of the petitioner that it need not pay royalty twice can be accepted. However, as the petitioner has not brought the same to the notice of the respondent-authorities, the petitioner is hereby directed to make a representation to the respondents within a period of two weeks from today, and on such representation being made, the respondents shall consider the same and pass appropriate orders in accordance with law. Accordingly, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. __________ 31.03.2008 sh ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Director of Mines & Geolony, Government of A.P., BRKR Bhavan Hyderabad. 2 The Deputy Director Of Mines & Geology, Government of A.P Kadapa. 3 The Assistant Director of Mines & Gelogy(Vigilance), Government of A.P Tirupathi. 4 The Station House Officer, Gajulamadhyam Police Station Chittoor District. 5. 2CCs to 6. 2CD copies