Five writ petitions challenging the validity, arbitrariness, and unconstitutionality of the Andhra Pradesh Mineral bearing Lands (Infrastructure) Cess Act, 2005 and connected orders were listed. The court closed the petitions without costs, leaving the grievance open for revival by the petitioners.
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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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION Nos.4087. 4090 , 4091 . 4113 & 4115 of 2006
WRIT PETITION NO: 4087 OF 2006
Between:
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.
AND
..PETTTIONER
...RES'.NDENTS
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 consequentlysuspendthe opreration of the Andhra Pradesh Minet rl bearing Lands( lnfrastructu re) Ces;s, Ar:t,11005,which after receiving the ass( nt of the Governor, on27 -10-2OOS wastrroug1t into force from 12-9-2005, and of rer connected Orders.
Counsel for the Petitio rer: SRl. P. HEMACHANORA(NOTPFIE S EIVT)
Counsel for the Respo rdent Nos.1 & 2: SRI H. VENUGOPAI. GP FOR INDUSTRIES & COII'III'IERCt:
Counsel for the Respo rdent No.3: SRI B. MUKHERJEE DEPUTY SOLICITOR GENERAL OF IIIOIA
,ruRlT PETITION NO: 4090 OF 2006
Between:
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
...rrETITroNER
AND
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 establishedjudicial 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,
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.
Counsel for the Petitioner: SRl. P. HEMACHANDRA(NOT PRESENT)
Counsel for the Respondent Nos.1 & 2: SRI H. VENUGOPAL
GP FOR INDUSTRIES & COMMERCE
Counsel for the Respondent No.3: SRI B. MUKHERJEE DEPUTY SOLICITOR GENERAL OF INDIA
WRIT PETITION NO:409'l OF 2006
Between:
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.
...PETITIONER
AND
...RES'.NDENTS
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 establishedjudicial 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
I I
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)
Counsel for the Respor dent Nos.1 & 2: SRI H. VENUGOPAL GP FOR INDUSTRIES & CON'IfuI=RCE
Counsel for the Respo rdent No.3: SRI B. MUKHERJEE DEPUTY SOLICITOR GENERAL Ot:ITIDIA
'uRlT PETITION NO:4113 OF 2005
Between:
M/s Deccan Cements I mited, having its office at 6-3-666/8l)eccar Chambers, Somajiguda, Hyderabac 500082, rep. by R. Gopalakrishnan, S;/o.M,C.Flamamurthy, aged 51 years, Occ: Gereral Manager (Legal )and Company Ser;rgtary, Rl/o.Hyderabad
AND
...RE'P.NDENTS
Petition under F-ticle 226 of the Constitution of lndiaprayint that in the circumstances stated n the affidavit filed therewith, the Hg 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
5
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.
Counsel for the Petitioner: SRl. J.N. BHUSHAN(NOT PRESENT)
Counsel for the Respondent Nos.1 & 2: SRI H. VENUGOPAL GP FOR INDUSTRIES & COMMERCE
Counsel for the Respondent No.3: SRI B. MUKHERJEE DEPUTY SOLICITOR GENERAL OF INDIA
WRIT PETITION NO: 4115 OF 2006
Between:
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
...PETITIONER
AND
...RESP.NDENTS
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
6
other connected Orders andpass such other order or orders as are deemedfit 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.
Counsel for the Petitior er: SRl. P. HEMACHANDRA(NOT PRESENT)
Counsel for the Respor dent Nos.1 & 2: SRI H. VENUGOPAL GP FOR INDUSTRIES & COIVII4:FICE
Counsel for the Respor dent No.3: SRI B. MUKHERJEE DEPUTY SOLICITOR GENERAL OT: INDIA
The Court made the fol ')wing' COMMON ORDER
I t
t I
THE I-ION'BLE THI] CHIEF IUSTICE UIIAI BHUYAN
AND
THT] HON' BLE SRI IIIST CE C.V.BHASKAR REDDY
\V.P.Nos.4087. 4090. 1, 4113 & 4175 of 2006 COMMON ORDER, (l'er rhe Hot'bb the Chief Jrctice Ulial Bhayn)
None appears for the petitioners on call though
Mr. FlVenugopal, leamed Govemment Pleader for Indrstries and
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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the grievanct raised by the petitioners on a,eclrnital glitch.
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.
As a st quel, miscellaneous petitions, pcnc.irq; ilt any, stand
dismissed. \
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HIGH COURT
DATED:21 l1012t)22
COMMON ORE ER
W.P.Nos.4087, 4090, 4091, 4113 & 4\15 of 2006
CLOSING THE WRIT PETITIONS WITHOUT CO!;TS
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1 issue framed by the court
Whether the writ petitions challenging the validity of the Andhra Pradesh Mineral bearing Lands (Infrastructure) Cess Act, 2005 should be closed.
M/s. Sri Chakra Cements Limited
Government of Andhra Pradesh
The Secretary, Department of Mines & Minerals
Government of India
M/s. Kakatiya Cement Sugar & Industries Limited
M/s. NCL Industries Limited
Ujjal Bhuyan
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
