Disposed

M/s. Kakatiya Cement Sugar and Industries Limited, v. The Government of a.P., rep by its Secretary

Telangana HC21 Oct 2022WP/4090/2006

Case brief

AI extract

What is this about?

The High Court closed five writ petitions challenging the Andhra Pradesh Mineral Bearing Lands (Infrastructure) Cess Act, 2005, for lack of averments and credibility. Interim prayers were rejected, and the petitions were dismissed without costs.

What did the court decide?

Writ petitions closed without costs; miscellaneous petitions pending dismissal.

M/s. Kakatiya Cement Sugar and… — Constitutional and Fundamental Rights | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION Nos.4087. 4090 , 4091 . 4113 & 4115 of 2006

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WRIT PETITION NO: 4087 OF 2006

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Between:

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M/s. Sri Chakra Cements Limited, having its Office at 6-3-668/10/66, Durga Nagar Colony, Punjagutta, Hyderabad - 500 082. Rep by K. Moses Kumar, S/o. K. Prakasha Rao, aged 50 years, Occ: Dy. General -Admn, R/o Hyderabad.

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AND

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..PETTTIONER

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The Government of Andhra Pradesh, rep. by its Secretary, Department of lndustries & Commerce, Secretariat, Hyderabad.

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The Secretary, Department of Mines & Minerals, Secretariat, Hyderabad.

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The Government of lndia, rep by its Secretary, Ministry of Law, Government of lndia' New Delhi

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...RES'.NDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or orders or writ, more. particularly one in the nature of Writ of Mandamus, declaring the action of the 1st respondent in enacting the Andhra Pradesh Mineral bearing Land (lnfrastructure) Cess Act, 2005, which came into force after receiving the assent of the Governot, on 27-10-2005, as being arbitrary, illegal, and violative of the Principles of Natural Justice, as well as the principles of promissory estoppel, besides being violative of Articles 245,246,248 and 249 of the Constitution of lndia in particular, and Articles 14, 15(1Xg) and 300-4 in general, apart from the provisions of Act 67 of 1957, apart from the established judicial precedents, and consequently set aside the Andhra Pradesh Mineral bearing Lands (lnfrastructu re) Cess Act, 2005, enacted on 27-10-2005, and other connected Orders, and pass such other order or orders as

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are deemed fit and F.oper and consequently^{suspendthe opreration of the} Andhra Pradesh Minet rl bearing Lands⁽ lnfrastru^{ctu re) Ces;s, Ar:t,11005,which} after receiving the ass( nt of the Governor, on^{27 -10-2OOS wastrroug1t into force} from 12-9-2005, and of rer connected Orders.

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Counsel for the Petitio rer: SRl. P. HEMACHANORA(NOT^{PFIE S EIVT)}

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Counsel for the Respo rdent Nos.1 & 2: SRI H. VENUGOPAI. GP FOR INDUSTRIES & COII'III'IERCt:

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Counsel for the Respo rdent No.3: SRI B. MUKHERJEE DEPUTY SOLICITOR GENERAL OF IIIOIA

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,ruRlT PETITION NO: 4090 OF 2006

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Between:

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M/s. Kakatiya Cement I ugar & lndustries Limited, having its Ofi(ie at 1-10-14011, "Gurukrupa" Ashok Nag ,rr, Hyderabad-SO0 020. Rep by K.S Ranri Redd r, S/o.Nagendra Reddy, 5lYears, Occ: Dy. General Manager- (Acr.cunts) Rl/o'HYderabad

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...rrETITroNER

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AND

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The Government cf A,P., rep by its Secretary, Departmenl of lndt stries & Commerce, Secr dariat, Hyderabad.

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The Secretary, L:partment of Mines & Minerals, Secretzuia:, Hyderabad.

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The Government of lndia, rep. by its Secretary, Ministry,)l [.aw, Ciovernment of lndia' New De hi

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..RES;P.NDENTS

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Petition under I rticle 226 of the Constitution of lndia prayinr; that in the circumstances stated rn the affidavit filed therewith, the l-li1;h Court may be pleased to pass an or ler or orders or writ, more particularly r.rrre in he nature of Writ of Mandamus, d :claring the action of the 1st respondr:nt in enacting the Andhra Prad6sh Mint lal bearing Land (lnfrastructure) Ces:l Act, 2005, which came into force after receiving the assent of the Governor, ctn 27-10-2005, as being arbitrary, illegal, and violative of the Principles of Naturel Jtrstice, as well as the principles of prom isory estoppel, besides being violative of Arti<:les 245,246, 248 and 249 of the Cc rstitution of lndia in particular, and Artic,l€rs 14, 15(1Xg) and 300-A in general, api 1 from the provisions of Act 67 of^'1r;){;7 , aJrart from the established^judicial pr :cedents, and consequently set aside lhe An<lhra Pradesh Mineral bearing Land, (lnfrastructu re) Cess Act, 2005, enar;k:d on 27-10-2O05,

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and other connected Orders, and pass such other order or orders as are deemed fit and proper and consequently suspend the operation of the Andhra Pradesh Mineral bearing Lands (lnfrastructu re) Cess Act, 2005, which after receiving the assent of the Governor, on 27 -10-2005 was brought into force from 12-9-2005, and other connected Orders.

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Counsel for the Petitioner: SRl. P. HEMACHANDRA(NOT PRESENT)

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Counsel for the Respondent Nos.1 & 2: SRI H. VENUGOPAL

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GP FOR INDUSTRIES & COMMERCE

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Counsel for the Respondent No.3: SRI B. MUKHERJEE DEPUTY SOLICITOR GENERAL OF INDIA

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WRIT PETITION NO:409'l OF 2006

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Between:

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Itlis. NCL lndustries Limited, having its Office at Raghava Ratna Towers, 7th Floor, Chirag Ali Lane, Hyderabad-SOO 001. Rep by K. Chandrasekhar S/o. A.V. Krishnan, aged 54 yrs, Occ: General Manager (MKTG.& ADMN), Hyderabad.

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...PETITIONER

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AND

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The Government of Andhra Pradesh, rep. by its Secretary, Department of lndustries & Commerce, Secretariat, Hyderabad.

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The Secretary, Department of Mines & Minerals, Secretariat, Hyderabad. 3. The Government of lndia, rep. by its Secretary, Ministry of Law, Government of lndia' New Delhi

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...RES'.NDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or orders or writ, more paiticularly one in the nature of Writ of Mandamus, declaring the action of the 1st respondent in enacting the Andhra Pradesh Mineral bearing Land (lnfrastructure) Cess Act, 2005, which came into force after receiving the assent of the Governor, on 27-10-2005, as being arbitrary, illegal, and violative of the Principles of Natural Justice, as well as the principles of promissory estoppel, besides being violative of Articles 245,246, 248 and 249 of the Constitution of lndia in particular, and Articles 1a, 15(1Xg) and 300-4 in general, apart from the provisions of Act 67 of 1957, apart from the established^judicial precedents, and consequently set aside the Andhra Pradesh Mineral bearing Lands (lnfrastructure) Cess Act, 2005, enacted on 27 -10-2005, and other connected Orders, and pass such other order or orders as are deemed

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I I

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fit and proper and conr 3quently suspend lhe operation of tnr': Andhra Pradesh Mineral bearing Lands lnfrastructure) Cess Act, 2005, which a ler re ceiving the assent of the Governor on 27-1O-2005 was brought into forc': from 12-9-2005, and other connected Or, ers Counsel for the Petitior er: SRl. P. HEMACHANDRA(NOT PRESENT)

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Counsel for the Respor dent Nos.1 & 2: SRI H. VENUGOPAL GP FOR INDUSTRIES & CON'IfuI=RCE

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Counsel for the Respo rdent No.3: SRI B. MUKHERJEE DEPUTY SOLICITOR GENERAL Ot:^ITIDIA

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'uRlT PETITION NO:4113 OF 2005

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Between:

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M/s Deccan Cements I mited, having its office at 6-3-666/8^l)eccar Chambers, Somajiguda, Hyderabac 500082, rep. by R. Gopalakrishnan, S;/o.M,C.Flamamurthy, aged 51 years, Occ: Ge^reral Manager (Legal )and Company Ser;rgtary, Rl/o.Hyderabad

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AND

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The Government )f Andhra Pradesh, rep. by its Secretary, [)epanment of lndustries and Cc mmerce, Secretariat, Hyderabad.

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The Secretary D( partment of Mines and Minerals, Secre:a"iat, HyJerabad. 3. The Government :f lndia, rep. by its Secretary, Ministry of Lavr, Government of lndia' New Del^'i'

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...RE'P.NDENTS

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Petition under F-ticle 226 of the Constitution of lndia^prayint that in the circumstances stated n the affidavit filed therewith, the H^g h Cc urt may be pleased to pass an orc er or orders or writ, more particularly one in the nature of writ of mandamus, de;laring the action of the 1st respondenls in :nacting the Andhra Pradesh Mine al bearing Lands (lnfrastructure) Cers; ltct, 2005 which came into force after n ceiving the assent of the Governot on 2t.7.10.2005 as being arbitrary, illegal, and v,rlative of the Principles of natural Juslir>e, as well as the principles of promissor ,' estoppel besides being violative of Articles t'.45,246,248 and 249 of the Constitt tion of lndia in particular and Articles ' 4 ,' 5 (1) (g) and 300A in General, apart rom the provisions of Act 67 of 195i aprrrt from the established Judicial pr rcedents, and consequently set aside tr,: Anchra Pradesh Mineral bearing Lands lnfrastructure) Cess Act 2005, enacted on 27. 10.2005, and other connected order;, and pass such other order or orders as ar,: deemed fit

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and proper and consequently suspend the operation of the Andhra Pradesh Mineral bearing Lands (lnfrastructu re) Cass Act 2005, which after receiving the assent of the Governor, on27.10.2OO5 was brought into force from 12.9.2005, and other connected orders.

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Counsel for the Petitioner: SRl. J.N. BHUSHAN(NOT PRESENT)

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Counsel for the Respondent Nos.1 & 2: SRI H. VENUGOPAL GP FOR INDUSTRIES & COMMERCE

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Counsel for the Respondent No.3: SRI B. MUKHERJEE DEPUTY SOLICITOR GENERAL OF INDIA

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WRIT PETITION NO: 4115 OF 2006

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Between:

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M/s. Coromandal Cements Limited, having is office at No.6-3-652/C/A, Flat No.5A, "Kautilya", Amrutha Estates, beside Medinova, Somajiguda, Hyderabad 500 082, Rep. by K.A.N. Subbarao, S/o K. Venkatesh, aged 32 years, Occ: Company Secretary, R/o Hyderabad

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...PETITIONER

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AND

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The Government of Andhra Pradesh, rep. by its Secretary, Department of lndustries & Commerce, Secretariat, Hyderabad.

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The Secretary, Department of Mines & Minerals, Secretariat, Hyderabad

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The Government of lndia, rep by Secrelary, Ministry of, Law, Government of lndia' New Delhi

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...RESP.NDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewi[h, the High Court may be pleased to pass an order or orders or Writ, more particularly one in the nature of Writ of mandamus, declaring the action of the 1st respondent in enacting the Andhra Pradesh Mineral bearing Lands (lnfrastructure) Cess Act, 2005, which came into force after receiving the assent of the Governor, on 27-10-2005, as being arbitrary, illegal, and violative of the Principles of Natural Justice as well as the principles of promissory estoppel, besides being violative of Articles 245,246, 248 and 249 of the Constitution of lndia in particular and Articles 14, 15(1)(g) and 300-4 in general, apart from the provisions of Act 67 of 1957 apart from the established Judicial precedents, and consequently set a side the Andhra Pradesh Mineral bearing lands (lnfrastructure) Cess Act, 2005 enacted on 27-10-20O5, and

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other connected Orders and^pass such other order or orders as are deemed^fit and proper and conse luently suspend the operation of the' Andhra Pradesh lMineral bearing Lands lnfrastructure) Cess Act, 2005, which after re,ceiving the assent of the Governot on 27-10-2005 was brought into forc: from 12-9-2005, and other connected orc {)rs.

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Counsel for the Petitior er: SRl. P. HEMACHANDRA(NOT PRESENT)

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Counsel for the Respor dent Nos.1 & 2: SRI H. VENUGOPAL GP FOR INDUSTRIES & COIVII4:FICE

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Counsel for the Respor dent No.3: SRI B. MUKHERJEE DEPUTY SOLICITOR GENERAL OT: INDIA

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The Court made the fol ')wing' COMMON ORDER

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I t

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t I

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THE I-ION'BLE THI] CHIEF IUSTICE UIIAI BHUYAN

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AND

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THT] HON' BLE SRI IIIST CE C.V.BHASKAR REDDY

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\V.P.Nos.4087. 4090. 1, 4113 & 4175 of 2006 COMMON ORDER, (l'er rhe Hot'bb the Chief Jrctice Ulial Bhayn)

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None appears for the petitioners on call though

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Mr. FlVenugopal, leamed Govemment Pleader for Indrstries and

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C-ommerce and lvlr. B.Mukherjee, leamed counsel representing the leamed Depury So[citor General of India are present fol the respondents.

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Petitioners are cement manufacturing industries registered underthe C-ompanies Act, 1955.

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In these writ petitions, petitioners have challenged the validiry of the Andhra Pradesh lvfineral Bearing Lands (Infmstrucnre) Crss Act, 2005 on the ground that it vras brought into force with effect from 12.09.2005 whereas assent of the Govemor was received on 27.10.2005.

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Wrile admining these writ petitions, interim pra)rer was rejected.

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)

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At this listant point of tirne, we are not in:lirrerl to examine

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the grievanct raised by the petitioners on a^,eclrnital glitch.

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Therefore, wr would like to close these writ petitions. Fl,>wever, it would be ope l to the petitioners to seek revival in thr er'ent cause s ulvlves.

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\7rit Pe itions are accordinglyclosed. No co';ts.

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As a st quel, miscellaneous petitions, pcnc.irq; ilt any, stand

dismissed. \

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DATED:21 l1012t)22

COMMON ORE ER