IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 19018 of 2001 Between: M.S. Kondapalli Stone Crushers, Rep. by its Authorised Sri S. RamakrishnaS/o S.Prabhakar Rao R/o Snehapuri Colony, Hyderabad ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad. 2 The Director of Mines and Geology, Hyderabad., 3 The Asst. Director of Mines and Geology, Vijayawada. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the G.O.Ms.No.331, Industries & Commerce (M.I) Department, dt. 21-06-2000 to the extent of inclusion of Road Metal at S.No. (3) schedule I to Rule 10 as Minor Mineral as arbitrary, illegal, unjust, unconstitutional and in applicable. Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondent No.: GP FOR INDUSTRIES & COMMERCE The Court made the following : W.P.No. 19018 of 2001 ORAL ORDER: The issue presented in this writ petition is identical to the issue raised in W.P.No. 1624 of 2001, which has been considered and disposed of by the judgment of this Court dated 21-7-2009, recording the averments in para 20 of the counter-affidavit filed in writ petition No. 1624 of 2001. For the reasons alike, as recorded in W.P.No. 1624 of 2001, by the judgment dated 21-7-2009, this writ petition is disposed of recording the averments on behalf of the respondents that if the petitioners have paid the seigniorage fee for the rough stones and boulders, they would not be mulcted with the liability of seigniorage fee in respect of the road metal or ballast. No costs. ________________________ GODA RAGHURAM, J 24th July, 2009. GRR