THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD W.A. Nos. 1340 & 1341 of 2005 Dated. 18-07-2011 W.A. No. 1340 of 2005 Between: M/s. Pioneer Builders Limited, 8-2-309/M/5, Navodaya Colony, Road No.14, Banjara Hills, Hyderabad, rep., by its Director, P. Venugopal Reddy. …Appellant Vs. Executive Engineer, BL-I, Executive Division No.1, Sangambanda Camp, Makthal (M), Mahaboobnagar District and another. …Respondents W.A. No. 1341 of 2005 Between: M/s. Pioneer Builders Limited, 8-2-309/M/5, Navodaya Colony, Road No.14, Banjara Hills, Hyderabad, rep., by its Director, P. Venugopal Reddy. …Petitioner Vs. Executive Engineer, BL-I, Executive Division No.1, Sangambanda Camp, Makthal (M), Mahaboobnagar District and another. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD W.A.Nos. 1340 & 1341 of 2005 Dated: 18-07-2011 ORAL COMMON ORDER: (Per: GR,J) These appeals are directed against two orders both dated 23-06-2005 allowing the vacate applications filed in the substantive writ petitions seeking vacation of interim order of stay of collection of seigniorage fee on earth/moram. By the orders impugned, the learned single Judge found that though Clause 2.14 of the Agreement between the parties for execution of the work of formation of earth dam in Sangambanda village, Makthal Mandal, Mahabubnagar District does not enable collection of seigniorage fee, at page 186 of the tender document, there was a clause whereby seigniorage fee is attracted even in respect of earth/moram; and vacated the interim stay earlier granted while observing that in the event the petitioners/appellants succeed in the writ petitions, the seigniorage fee collected on the soil shall be refundable. In the facts and circumstances and since the order is one passed in exercise of discretion and at the interlocutory stage, no appellate interference is called for. These appeals are accordingly dismissed. There shall be no order as to costs. __________________________ JUSTICE GODA RAGHURAM ___________________________ JUSTICE P. DURGA PRASAD Dated: 18-07-2011 Pvks/*