Dileep v. The Assistant Director of Mines and Geology

Petition Under Section 15i CpC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondernts .l and 2 to release the goods and goods vehicle No, MHO8AP 6282 foril-rwith, by suspending the operation of the Detention vide Lr.No.1425 Nigilancet2Ol5, dated 06.0.1.2025 of the 1"r Respondent. Counsel for the petitioner: SRI SHAIK JEELANI BASHA counsel for the Respondent Nos.1 & 3 : Gp FoR MINES AND GEoLocy Counsel for the Respondent No.2 : G.p FOR HOME W.P.NO:2374 0F 2025 Between: Dinesh, S/o.Sri Panchayat and p Dileep Shinde, Aged about 35 years. ost, Bidar District. Sta te of Karnataka. - Ri/o.Yerandagi Gram .....PETITIONER AND 1 2 J The Assistant Director of lUines and Geology, Sangareddy, Sangareddy District, State of Telangana. The Station House Officer p.S., Chiragpally, Mogudampally Mandal, Sangareddy District. F!!rilt?!i:t'fl :'"?T;,:;g,ll['":..:?:",f,:,ff not necessary pa rty) "B:,,,%eli,?lU:;.#JS*,. .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the the High Court may be ropriate Writ or Order or n detaining the polished 51 (not KA56 7156) and nd Respondent vide circumstances stated in the affidavit filed therewith, pleased to issue Writ of Mandamus or any other app direction declaring the action of the j st Respondent i Granite (Colour) Slabs along with Vehicle No.KAS6 71 keeping in the safe custody of the 2 l o 2 Lr. No.1425A/igilancet2o15, dated 06.01.2025 though the goods are covered by Tax lnvoice and a-way bill, is arbitrary, contrary to law, without jurisdiction, biased, frivolous, contrary to the Article 14,21,26s and 3004 of the constitution lndia, and consequently set aside the Detention vide Lr.No.1425A,/igilance/2015, dated 06.01.202s and direct the Respondents 1 and 2 to release the goods and goods vehicle No. KA56 7i51 (not KA56 7156) immediately. I.A.NO:l OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 1 and 2 to release the goods and goods vehicle No. KA56 7151 (not KA56 7156) forthwith, by suspending the operation of the Detention vide Lr. No.142 SNigilancel2915, dated 06.01 .2025 of the 1st Respondent. Counsel for the Petitioner : SRI SHAIK JEELANI BASHA Counsel for the Respondent Nos.1 & 3 : GP FOR MTNES AND GEOLOGY Counsel for the Respondent No.2 : G.P FOR HOME W.P.NO: 2411 OF 2025 Between: Vinod, S/o.Sri Masaji, Aged about 30 years, Rl/o.37-77, Rena Galli, Basavakalyan, Bidar, State of Karnataka. .....PETITIONER AND 'l . The Assistant Director of Mines and Geology, Sangareddy, Sangareddy District, State of Telangana.

2. The Station House Officer, P.S., Chiragpally, Mogudampally Mandal, Sangareddy District.

3. The State of Telangana, Rep. by its Secretary to Government, Mines and Geology Department, Telangana Secretariat, Hyderabad. .....RESPONDENTS Petition Under Article 226 o't lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue V\Irit of [Vtandamus or any other appropriate Writ or Order or direction declaring .the action of the 1 Respondent in detaining the polished Granite (Colour) Slabs along with Vehicle No.KA39A 0266 (not KA39A 0226) and keeping in the safe custody of the 2nd Respondent vide Lr-No.1425Nigilance/2015, dated 06.0'l .2025 though the goods are covered by Tax lnvoice and e-way bill, is arbitrary, contrary to law, without jurisdiction, biased, frivolous, contrary to the Article 14, 21 , 26s and 300,4 of the constitution india, and consequenfly set aside the Detention vide Lr. No.'1425Aligilance/2015, dated 06.0'l .2025 and direct the Respondents 1 and 2 to release the goods and goods vehicle No. KA39A 0266 (not KA39A 0226) immediately. I.A.NO:1 OF 2025 Petition Under section 15'l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents 1 and 2 to release the goods and goods vehicle No.KA39A 0266 (not KA39A 0226) forthwith, by suspending the operation of the Detention vide Lr. No.1425A/ig ilancet2O1l, dated 06.01 .2025 of the 1"r Respondent. Counsel for the Petitioner : SRI SHAIK JEELANI BASHA Counsel for the Respondent Nos.1 & 3 : Gp FOR MINES AND GEOLOGY Counsel for the Respondent No.2 : G.p FOR HOME The Court made the following COMMON ORDER THE HON'BLE SRI JUSTICE'T. VINOD KUMAR WRIT PE'I'ITION Nos.2372 2374 and 24ll of 2025 COMMON ORDER: Since thc issue involved in thcsc Writ Petitions is one and the same, they arc being disposed o1'by this common order

2. Heard Sri Girish Kutriar, learned Senior Counsel for Sri Shaik Jeelani []asha, learned counsel lor petitioners, leamed Governmenl Pleader for Ivlines and Ceology appcaring on behalf oI respondenl Nos.l & 3 and lcarned (ior,'emment Pleader for Home appearing on bchall- of rcspondenl No.2 and perused the record With the consenL ol- learnecl counsel appearing fbr the parties, these Writ Petitions arc taken up lor hearing and disposal at admission

3. [t is the common case of the petitioners that they were transporting the finished granite slabs from the State of Andhra Pradcsh to thc Statc of Maharashtra under the cover of tax invoices and waybills obtained on the CiS'l Porlal; and that the respondent authorities havc dctained the same claiming that seigniorage fee has not been paid on the subject goods in terms of Section 2l of the Mines and Mincrals (Developrnent and Regulation) Act, 1957 ( for ) shoft 'the ,A.:1.'), and as suclt. in exercise of porvcrs conlered under the Act. the said qoods are tiable fbr conllscation

4. Petitioners further contend that the respondent authorities, while issLring the impugned proceedings, have mentioned the subject vehrcle nurnlrers ulotrqly' in the impugned proceeding in respect o1' trvo vehicles viz.. KA 39n 0226 & KA 56 7151 [mentioned as KA-39 A 0266 & KA 56 7156]

5. Petiti,ruers turthet crtntettd that as the sr-rbject goods r'rnder transpoftation arc flnished goods and are covered by tax lnvotces and way bill evidcncing purchase ol goods fron-r a registered Tax Dealer in th3 Statc of Andhra Pradcsh. tl.re claim of the rcspondents for payment of seigniorage I'ce catrnot be held to be valid in the light ol thc -iudgment ol tlris (lor-ut dated l5-06-2016 passed in W.P.No.18(t30 ol20l6.

6. Per c,'tntrn,leamed (lovcrnmetlt Pleader appearing on behalf of respondcnt Nos. I and 3 rvoulcl subm it that the vehicle numbers as noted in ihe inrpugned proceedings and thc vehicle numbers mentioned in thc waybills generated on thc (lST Portal are different and as such, ttre pctitioners are tt'ansporting the goods without having r alid invoicc's and rt'a)'bills 3

7. On the aloresaid submission bcing made by the leamed Govemment Pleader, this Court had directed the learned Government Pleader lor l]orne appearing on behalf ol respondent No.2 to place bclore this Court thc photographs of the vehicles seized by the respondent authorities and handed over to the respondent No.2 tor its salc custody

8. Pursuant to lhe a tblcsaid direction, learned Government Pleader lor Home appearing on behall of respondent No.2 has placed before this Court thc photographs of the two vehicles with registration numbers and the numbers of vehicles seized are the same as mentioned in the *aybills. Thus, the respondent No.l has mentioned the lorry rtutnbcrs rvrongly in the impugned proceedings.

9. Learned Govemrrent I)leader lurrher submitted that the petitioners by rlcrrtioning thc goods Lrnder transport as 'granite slabs' in the tax inr oices, are lransporting the semi- finished/unfinished/uncut slabs, on which they are required to pay I , seigniorage lee t I

10. t-laving regard to the submissions made as above and taking note of the lact that the subicct goods are supporled by tax invoices l1 l 4 and waybills generated on rhe GS'f portal. this Court is of the view that the respondent authorities are ro be directcd to verifli the descriptior of the goods as ntentione(l in thc tar inr.oices ri,.ith the goods under traltspolt, and il' it is lbunil that thc sub.iecr goods are finished goocls, cut/granite slabs as mctltioned in the description of the tax inroice. the rcspondcnt author.ities shall allou, further movement c,f the vehicles. 1 1. However, during such inspection. il- the authorities find that the subjecr. goods are scnti-finishedlunllnished/un,:ut slabs requiring to be rvorked upon. thc r.espondent authorities are at liberty to tal<e further action irr accordance with the provisions of the Act and llules lramed thcrcunde r.

12. Subje<x to trbove dircction, rhe Writ petitions are disposed of. No costs.

13. As a st:qucl. miscellaneous pctitiotrs pcnding if any sha stand closed. //TRUE COPYII SD/- N.RAJAGOPAL R ASSISTANT REGIST SECTION OFFICER To

3. The Assistant Director of Mines and Geology, Sangareddy, Sangareddy District, State of Telangana. The Station House Officer, P.S., Chiragpally, Mogudampally Mandal, Sangareddy District. The Secretary to Government, Mines and Geology Department, Telangana Secretariat, State of Telangana at Hyderabad. C0'+ \ Hyderabad. [OUT]

4. Two CCs to GP FOR HOME, High Court for the State of Telangana at s. iJr"o-ctJ[o 6C ibn MTNES AND GEOLOGY, High court for the State of o. one ct io snt 'sHntx JEELANI BASHA, Advocate [oPUCI 7. Two CD CoPies Telanoana at Hvderabad. [OUT] SA PSK C.C. TODAY I I SlATE C;A 1 1[ jh\\ Ti6 7 o l., k T :5 I-' I a L) c,, HIGH COURT ,/ DATED:2910112025 COMMON ORDER WP.Nos.2372, 2374 AND 2411 of 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS. \\ \bD r