CHIMPULA SHAILAJA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed, under Art. 226 of the Constitution of India, for the following relief: "to issue an appropriate writ or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents No.2 to 6 in not releasing the seigniorage fee collected from different levels of mining done in the erstwhile Ranga Reddy District during the period 2006 to Aug., 2016 to the newly formed three districts i.e., Ranga Reddy District, Vikarabad District and Medchal District, proportionately as per the G.O.Ms.No.255 Panchayat Raj and Rural Development (PTs.II) Department dated 2.8.2011 as arbitrary, illegal, violative of G.O.Ms.No.255 Panchayat Raj and Rural Development (PTS.II) Department dated 2.8.2001 besides also violating Art. 14 of the Constitution of India, and consequently direct the respondents No.2 to 6 to release the seigniorage fee collected during the period 2006 to Aug., 2016 to the newly formed three districts i.e., Ranga Reddy District, Vikarabad District and Medchal District, proportionately as per G.O.Ms.No.255 Panchayat Raj and Rural Development (PTS.II) Department dated: 2.8.2001 and pass such other order or orders as this Honourable Court may deems fit and proper in the interest of justice."

(2.) Heard learned counsel for the petitioners and also the learned Government Pleaders for Panchayat Raj, Mines and Geology and Revenue respectively, on behalf of the all the official respondents and perused the prayer in the writ petition with supporting affidavit and also Sec. 74 of the Panchayat Raj Act, 1994 and the G.O.Ms.No.255, Panchayat Raj and Rural Development (PTS.II) Department, dated 02.08.2001.

(3.) The learned counsel for the petitioners submits that contrary to the very G.O. issued by the Government, the Government having collected the amount, failed to distribute to the beneficiary local bodies which are entitled that is the sum and substance of the prayer that has to be ordered for nothing to dispute the existence of G.O. and collection of amounts and non-distribution.