(1.) THE prayer in the writ petition is for the issuance of a writ of certiorari to call for the records of the 1st respondent ending with the Order in G.O.3(D) NO.101 Industries (E2) department dated 20.07.1998 as confirming the order of the 2nd respondent in R.C.No.396/B1/89 dated 26.11.1990 and confirming the order of the 3rd respondent in R.C.284/88 (A.Mines) dated 14.12.1988 and quash the all orders.
(2.) THE case of the petitioner is that the petitioner was granted lease to quarry grey granite. THE respondent called upon the petitioner to pay local cess and local cess surcharge on seigniorage fee. THE petitioner was also directed to pay the seigniorage fee for unauthorised quarrying granite to the dimension of 116.108 cubic meter. THE seigniorage fee has been arrived at the rate of Rs.100 per cubic meter to Rs.11,610/- and penalty has been imposed in a sum of Rs.17,162/-. THE correctness of that order is now canvassed before this court.
(3.) AS the dimension of granite quarried by the petitioner has not been disputed by the petitioner and also in view of the fact that the writ petition No.6695 of 1988 filed by the petition for quarrying has also been dismissed, I do not find that the petitioner is entitled to the any relief. Hence, the writ petition is allowed to the extent that the demand of Local cess and local cess surcharge are quashed. In other aspects, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.