THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.977 OF 2010 DATED:23.11.2011 Between: The Superintending Engineer PWD, R&B, Nizamabad Circle Nizamabad and others … Appellants And M/s. Sree Venkateswara Constructions H.No.8-3-168/1/1-75/A.1 Kalyan Nagar, Hyderabad Rep. by Managing Partner S. Venkateswarlu … Respondent THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.977 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) The respondent has been served but has chosen not to put in appearance in the matter. 2. The short question that arises in this appeal is whether seigniorage charges are liable to be paid by the respondent on the extraction of ordinary earth. 3. The learned Single Judge came to the conclusion, on the basis of the agreement dt.15.5.2002 entered into between the appellants and the respondent, that seigniorage charges in respect of ordinary earth cannot be charged and that only seigniorage charges on gravel, murram and sand can be charged. 4. Learned Government Pleader appearing for the appellants submits that the seigniorage charges are statutory charges and even if the agreement does not mention specifically about the levy of these charges, if the Statute permits levy of seigniorage charges, the agreement cannot override the Statute. 5. In this regard, learned Government Pleader appearing for the appellants has drawn our attention to G.O. Ms. No.466 dt.24.8.2000 whereby the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short, ‘the Rules’) were amended. Schedule-I to the Rules (as referred in Rule 10 thereof) Sl. No.8 and column 2 has been amended and instead of the words “Morram/Gravel” the words “Morram/Gravel and ordinary earth” have been substituted. 6. In view of the aforesaid amendment to the Rules, it is quite clear that the appellants were entitled to take seigniorage charges from the respondent. This was perhaps overlooked by the learned Single Judge. 7. Under the circumstances, we set aside the judgment and order passed by the learned Single Judge in W.P. No.12576 of 2004 decided on 21.7.2004 and make it clear that the appellants are entitled to recover seigniorage charges on the extraction of ordinary earth by the respondent. 8. The appeal stands disposed of. The miscellaneous application is also disposed of. __________________ MADAN B. LOKUR, CJ _______________ SANJAY KUMAR, J 23-11-2011 bnr