A writ petition challenging a memo imposing seigniorage fee, penalty, DMF and merit amounts on a mining lessee was allowed by following the earlier order dated 07.12.2023 in W.P.No.1322 of 2023, with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
MONDAY, THE FIFTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE DR JUSTICE K MANMA£U4A^O WRIT PETITION NO: 1320 OF 2023
) Between:
M/s. Evershine Monuments, Rep. by its Managing Partner, Sri Ghazanfer Basha, S/o. Munavar Basha, Aged about 56 years, R/o. Sy.No.75/2, Dravida University Road, L^kshmipuram Village, Kuppam Mandal Chittoor District - 517 425.
...PETITIONER AND
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the Memo No. 1596/M.l(1)/2022 dt. 16-12-2022 issued by the 1 St respondent in so far as it relates to imposition of penalty of 1,79,387 towards normal seigniorage fee. Rs. 1,79,387/- towards penalty and an amount of Rs.22,424/- towards DMF
/ /
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and violative of and Rs 3 587/- towards merit is wholiy illegal, arbitrary conseguently declare rl^ 14, 19 and 21 ot tbe Constitution o, India and amounts as directed by that the petitioner is not entitled for payment of any the 1®* respondent.
iANO:10F2023
petition under Section 151 CPC praying that in the oircumstances the may atated in the affidavit filed in support of the petition, suspend the Memo No.1596/M.I(1V2022 dated 16-12-2022 pleased to issued by the 1®'respondent.
lA MO: 2 OF 20^ (ii) and (iii) of the Writ Proceeding Petition under Rule 12 sub rule in the circumstances stated in the R/w 151 of CPC praying that in Rules 1977 High Court may be pleased to affidavit filed in support of the petition, the the leave petition in the record by allowing receive the counter copies on above write petition.
Counsel for the Respondent Nos. i lo 4. The Court made the following: ORDER
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APHC010026622023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
MONDAY ,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 1320/2023
Between:
Evershine Monuments ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.KIRTHI TEJA KONDAVEETI Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY The Court made the following:
ORDER:
The Writ Petition is filed under Article 226 of the Constitution of India,
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seeking the following relief:
" declaring the Memo No.1596/M.1(1)/2022, dated 16.12.2022 issued by the Respondent in so far as it relates to imposing of penalty of Rs. 1,79,387/towards normal seigniorage fee, Rs. 1,79,387/towards penalty, Rs.22,424/- towards DMF and Rs.3,587/- towards merit is wholly illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and conseguently declare that the petitioner is not entitled for payment of any amount as directed by the f respondent and passsuchother and further order or orders ”
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to 4.
- Learned Government Pleader does not refute the said submission.
- Following the same, this Writ Petition is also allowed in terms of the order passed in W.P.No.1322 of 2023, dated 07.12.2023. There shall be no order as to costs.
- Registry is directed to attach a copy of the order dated 07.12.2023 passed in W.P.No.1322 of 2023, to this order.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
To
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HIGH COURT DATED:15/07/2024
ORDER
WP.No.1320 of 2023
2 6 MAR 2025
m
. Current Section
ALLOWING OF THE WRIT PETITION WITHOUT COSTS
1 issue framed by the court
Whether the seigniorage fee, penalty, DMF and merit amounts imposed by Memo dated 16.12.2022 were liable to be quashed in terms of the order in W.P.No.1322 of 2023?
4 provisions across 1 enactments
M/s. Evershine Monuments, Rep. by its Managing Partner, Sri Ghazanfer Basha
The State of Andhra Pradesh
Director of Mines & Geology, Government of Andhra Pradesh
Deputy Director of Mines & Geology, Chittoor
Assistant Director of Mines & Geology, Palamaneru, Chittoor District
K Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
