Allowed

Sri.Murali Mohana Rao, v. The A.P. State Irrigation Development Corporation Ltd.

Telangana HC17 Sept 2013WP/19956/2012

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AI extract

What is this about?

The Court allowed a writ petition challenging the levy of seigniorage charges by the Andhra Pradesh State Irrigation Development Corporation for refilling earth in civil works. Relying on a prior precedent, the Court declared such charges illegal and closed an associated miscellaneous petition.

What did the court decide?

The writ petition was allowed declaring the action of the respondent Corporation in seeking to collect seigniorage charges for refilling of earth to be illegal.

Sri.Murali Mohana Rao, Vs The A.P. State Irrigation… — Property and Title | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.19956 of 2012

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Dated: 17.09.2013

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Between: Sri Murali Mohana Rao. … Petitioner. And

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The A.P.State Irrigation Development Corporation Ltd., Rep. by its Vice Chairman & Managing Director, Road No.13, Banjarahills, Hyderabad and others. … Respondents.

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The Court made the following:

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.19956 of 2012

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ORDER :

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The petitioner, a contractor, is aggrieved by the action of the Andhra Pradesh State Irrigation Development Corporation Limited in levying seigniorage charges upon him in respect of the refilling of earth done by him while executing works relating to Pondugala (Malladi) Lift Irrigation Scheme of Edduvaagu in Amaravathi Mandal, Guntur District.

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2. This Court, by order dated 03.07.2012, suspended the impugned letter dated 28.05.2012 issued by the Executive Engineer of the respondent - Corporation calling upon the petitioner to pay the subject seigniorage charges quantified at Rs.4,91,700/-.

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3. While so, it is now brought to the notice of this Court that this very issue fell for consideration before this Court in Larsen & Toubro Limited, rep. by its Manager and others Vs. Executive Engineer, Public Health . Engineering Department, Anantapur and others^[1] Therein, this Court held that digging of trenches in the course of civil works cannot be equated to mining activity attracting levy of seigniorage charges. The approach of the authorities to the contrary was held untenable.

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4. For reasons alike as were mentioned in the aforestated order, this writ petition is allowed declaring the

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action of the respondent - Corporation in seeking to collect seigniorage charges for refilling of earth undertaken by the petitioner in the course of the subject civil works to be illegal. W.P.M.P.No.27927 of 2013 shall stand closed in the light of this final order. No order as to costs.

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___________________ SANJAY KUMAR, J

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17^th September, 2013 vhb/bss

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[1] 2013 (3) ALT 602

Sri.Murali Mohana Rao, v. The A.P. State Irrigation Development Corporation Ltd.

Case brief

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What did the court decide?

Sri.Murali Mohana Rao, v. The A.P. State Irrigation Development Corporation Ltd.

Case brief

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What did the court decide?

What the court decided

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