THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.18336 of 2010 Date:28.09.2010 Between: Chundru Mangayamma and others ..... Petitioners AND The Government of Andhra Pradesh, represented by its Secretary, and others. .....Respondents Counsel for the Petitioners: Sri N. Siva Reddy Counsel for Respondent Nos.1 and 2: Assistant Government Pleader for Panchayat Raj Counsel for Respondent No.3: Sri M. Prabhakara Rao, Standing Counsel for Gram Panchayats Counsel for Respondent No.4: -- The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in not crediting the proportionate share of seigniorage fee in favour of Kapileswarapuram Mandal Praja Parishad from the year 2006-07 onwards on sale of sand quarried in the limits of Kapileswarapuram Mandal, East Godavari District, in terms of G.O.Ms.No.255 dated 02.08.2001 and G.O.Ms.No.24 dated 12.02.207 as illegal and arbitrary. The petitioners sought for a consequential direction to the respondents to credit the arrears for the years 2006-07 to 2010-11. The petitioners are the president of Kapileswarapuram Mandal Praja Parishad and some of its members. They feel aggrieved by the failure of respondent No.3 to credit the share of the Mandal Praja Parishad in the seigniorage fee collected from the sand quarries situated within its area. At the hearing, it is not disputed by the learned counsel representing the respondents that under G.O.Ms.No.24 dated 12.02.2007, the auction proceeds shall be deposited in the Zilla Parishad head of account already in vogue and that the amount shall be distributed among the Zilla Parishad/Mandal Parishad/Gram Panchayat at 25%:50%:25% respectively on a quarterly basis. Though separate counter-affidavits have been filed by respondent Nos.3 and 4 offering justification for not paying the share of Kapileswarapuram Mandal Praja Parishad from the years 2006-07 up till now, at the hearing, Sri M. Prabhakara Rao, learned standing counsel representing respondent No.3, fairly submitted that on account of certain exigencies, respondent No.3 was unable to follow the directions contained in G.O.Ms.No.24 dated 12.02.2007 and that its failure to deposit the share of the Mandal Parishad concerned was beyond its control. He further submitted that respondent No.3, which has spent the seigniorage fee on execution of certain other public works under Rural Employment Scheme in anticipation of receipt of funds from the State Government, is expecting reimbursement of funds from the State Government and that it will be able to deposit the share of Kapileswarapuram Mandal Praja Parishad in respect of the seigniorage fee collected from the year 2006-07 within a period of two months. In view of this submission of the learned standing counsel, this Court is not inclined to deal with the justification or otherwise of respondent No.3 in utilizing the money payable to the Mandal Parishads for other purposes. Accordingly, the Writ Petition is disposed of with the direction to respondent No.3 to credit the amounts due to Kapileswarapuram Mandal Praja Parishad in respect of the seigniorage fee collected from 2006-07 till 2010-11 within a period of two months. As a sequel to disposal of the writ petition, W.P.M.P.No.23142 of 2009 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 28th September, 2010 GHN