IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 796 OF 2011 IN WRIT PETITION NO. 239 OF 2009 RAJARAM BANDEKAR SIRIGAO (MINES) PRIVATE LIMITED THROUGH ATTORNEY VASSU NAIR AND ANR., ... Applicants Versus STATE OF GOA THROUGH CHIEF SECRETARY ... Respondent Mr. Agnelo F. Diniz, Advocate for the applicants. Mr. A. Kamat, Additional Government Advocate for the respondent. Coram:- A. P. LAVANDE & SMT. R. P. SONDURBALDOTA, JJ. Date:- 12th September, 2011 P.C. Heard Mr. Diniz, learned Counsel for the applicants and Mr. A. Kamat, learned Additional Government Advocate for the respondent. 2. Several Writ Petitions involving identical issues have been admitted and no interim relief has been granted. 3. On behalf of the respondent, a statement is made by the learned Advocate General that the applicants would not be prosecuted under Section 9 of the Act. The statement is accepted. Needless to state that the recovery of any cess shall be subject to the result of the Writ Petition and if the Writ Petition succeeds, the applicants would be entitled to recover the amounts paid without being compelled to take recourse to any other proceedings. The issue of entitlement to the interest on the said amounts is kept open. 4. The application stands disposed of. A. P. LAVANDE, J. SMT. R. P. SONDURBALDOTA, J. SMA