IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 15789 of 2001 Between: M.PRASAD S/O. RAMULU R/O.NEW GOLLAGUDEM, KOTHAGUDEM POST, KHAMMAM DISTRICT. ..... PETITIONER AND 1 THE SINGARENI COLLIERIES CO. LTD., REP. BY ITS CHIEF GENERAL MANAGER, RUDRAMPUR POST, BHADRACHALAM ROAD, RAILWAY STATION KOTHAGUDEM, KHAMMAM DISTRICT. 2 THE DEPUTY CHIEF (P&A), SINGARENI COLLERIES CO. LTD., KOTHAGUDEM COLLIERIES, KHAMMAM DISTRICT. .....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 an order, direction or any appropriate writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in collecting the seigniorage fee and cess charges from the petitioner by deducting the same from his bills with eﬀect from the date of agreement as illegal, arbitrary and violative of principles of natural justice. Counsel for the Petitioner:MR.K.V.N.BHUPAL Counsel for the Respondents: MR.K.SRINIVASA MURTHY The Court made the following : THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.15789 of 2001 ORDER: The petitioner challenges the action of Singareni Collieries, Khammam District, in collecting seigniorage fee and cess from him by deducting the same from his bills. 2. It is brought to my notice by the learned Counsel for the respondent Singareni Collieries that the matter is squarely covered by the judgment dated 23.11.1999 of this Court in W.P.Nos.19363 of 1996 and 20076 of 1999. A copy of the said judgment is produced before me. As in this case, the petitioners in those cases claimed exemption from payment of seigniorage fee and cess under G.O.Ms.No.29 Industries and Commerce (Mines-I) dated 12.01.1976. This Court had held in those cases that whether the petitioners therein were entitled to claim the exemption granted by G.O.Ms.No.29 dated 12.09.1976 was a matter to be examined and ascertained by the Assistant Director or the Deputy Director of the Mines and Geology Department or such other competent authority who is authorized to do so. The aforesaid writ petitions were therefore disposed of with a direction that the representation of the petitioners therein should be considered in this regard within a period of three weeks, and that the Singareni Collieries was directed to keep the amount paid by the petitioners therein towards the seigniorage fee in a separate deposit and not to remit the same to the Department till a final decision is taken. 3. In the present case, there is an interim order passed by this Court on 01.08.2001 directing the Singareni Collieries not to collect seigniorage fee and cess from the petitioner. In view of the directions passed by this Court in the above writ petitions, it is for the petitioner in this case also to prove his entitlement to the exemption granted under G.O.Ms.No.29 dated 12.01.1976. As the respondent Singareni Collieries was interdicted from collecting the seigniorage fee pending this writ petition, there is no necessity to direct the Singareni Collieries to keep any amount in a separate deposit as was directed in the above writ petitions. 4. The writ petition is accordingly disposed of directing the petitioner herein to make an appropriate representation before the Mining authorities with regard to the grant of exemption under G.O.Ms.No.29 Industries and Commerce (Mines-I) Department dated 12.01.1976 within three weeks from the date of receipt of this order. Pending disposal of the said representation by the concerned Mining authorities, the respondent Singareni Collieries shall not collect seigniorage fee and cess from the petitioner. There shall be no order as to costs. ___________________ P.V.SANJAY KUMAR,J 10.11.2008 v v