IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5037 of 2008 Between: K.Venkat Rami Reddy, S/o.K.Sambasiva Reddy, R/o.Flat No.106, R.B.R.Complex, 1st Block, Miyapur, Hyderabad. ..... PETITIONER AND 1 Govt., of A.P.,, Rep by its Secretary, Industries & Commerce(MI) Department Secretariat, Hyderabad. 2 The Director of Mines and Geology, Hyderabad. 3 The Assistant Director of Mines and Geology, Karimnagar. .....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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus Writ, declaring the action of the 3rd respondent in collecting excess amount of Rs.34,200/- towards penalty from the petitioner while transporting the sand with valid Sand Way Bill Permit through his Lorries AP 28 X 4038 AP 36 X 5024 and AP 28 X 5513, contrary to the Schedule of Rates of Seigniorage fee of A.P. Minor Mineral Concession Rules, 1966, is illegal, arbitrary and consequently direct the Respondents to collect penalty for over load of sand as per the Serial No.9 of Schedule 1 of Rates of Seigniorage fee i.e., Rs.36 per M3 x 5 times and to return the excess amount of Rs.34,200/- collected by the 3rd Respondent. Counsel for the Petitioner: SMT.S.V.INDIRA Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5037 of 2008 ORDER: Petitioner seeks a Mandamus declaring the action of the 3rd respondent in collecting excess amount of Rs.34,200/- towards penalty from the petitioner while transporting sand with valid Sand Way Bill Permit through his Lorries bearing Nos. AP 28 X 4038, AP 36 X 5024, and AP 28 X 5513, contrary to the Schedule of Rates of Seigniorage fee of A.P. Minor Mineral Concession Rules, 1966, as illegal and arbitrary and for a consequential direction to the respondents to collect penalty for overload of sand as per the Serial No.9 of Schedule 1 of Rates of Seigniorage fee i.e., Rs.36 per M3 x 5 times and to return the excess amount of Rs.34,200/- collected from him by the 3rd Respondent. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Industries and Commerce. It is represented by both the counsel that the petitioner submitted an application to the second respondent on 19.02.2008 praying to issue directions to the third respondent to collect penalty as per Serial No.9 of Schedule I of Rates of Seigniorage fee, and the same is pending consideration. In view of the said representation, without going into the merits of the case, this writ petition is disposed of, at the stage of admission, directing the second respondent to consider the application of the petitioner dated 19.02.2008 and pass appropriate orders within a period of eight weeks from today. There shall be no order as to costs. __________ 11.03.2008 Note: Furnish C.C. by 12.03.2008. (B/o) sh