L. Sreenivasulu v. The State of Andhra Pradesh
Case brief
What is this about?
The High Court disposed of a writ petition concerning a refund claim for mining lease amounts. The Court left the matter open for the petitioner to submit a written representation to the authorities within two weeks for final consideration.
What the court decided
THE HON’BLE SRI JUSTI CE A.V.SESHA SAI
W.P.No.12472 of 2018
O R D E R:
The grievance of the petitioner in the present writ petition is the non-refund of an amount of Rs.3,26,428/- said to have been paid by the petitioner under Transaction I.D.No.TPTUPO3447279 for the period during which there was an order of suspension of lease.
- Heard the learned counsel and perused the material available on record.
- On the ground that the petitioner herein failed to submit the annual returns the lease of the petitioner was suspended by the authorities in the year 2013 and subsequently after submission of the annual returns by the petitioner the authorities revoked the order of suspension vide order of Controller of Mines, Government of India issued in Proceedings No.10 (41)/2011/KNL/Hyd, dated 22.02.2018. It is further case of the petitioner herein that consequent upon the said order of revocation, petitioner herein paid to the Department of Mines, State of Andhra Pradesh, on 31.03.2018, an amount of Rs.3,26,428/- towards the Royalty CFMS, interest amount and User and Cess charges and further an amount of Rs.8,000/- towards the Stationary for the years 2018-2019 and also paid an amount of Rs.46,661/on 04.04.2018 towards the Top-up advance amount.
- According to the learned counsel for the petitioner, petitioner herein is entitled to get back the above said sum of Rs.3,26,428/-, which the petitioner herein paid towards Royalty, CFMS interest amount, User and Cess Charges paid for the period during the order of suspension of lease was in force as per Circular instructions No.16(24) 2001-MVI, dated 09.10.2001. The said instructions issued by the Government of India, read as follows:
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to a refund of royalty and charges paid during the period of lease suspension under Circular No.16(24) 2001-MVI.
Whether the department should be directed to consider a written representation regarding the refund claim.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondents
Coram
A.V.Sesha Sai
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · September
- Registered
- Case no.
- WP/12472/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court