High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in blocking the lD Nos. 201 1070137, 201 1090258 in respect of the leased areas of the Petitioner over an extent of '1 .953 hect, in Sy.No.325, 326 and 327 of Asifnagar Village, Kothapally Mandal, Karimnagar District and over an extent 3.00 hect, in Sy-No. 189 of Kachapoor Village, Shankarapatnam Mandal, Karimnagar District during the pendency of the Revision Applications dated 03-01-2025 as illegal arbitrary and against the Principles of Natural Justice and violative of Article 14 and 21 ot Constitution of India and also declare the action of Respondents in not issuing the dispatch permits as illegal arbitrary and against the Principles of Natural Justice and consequently direct the Respondents to issue dispatch permits to the Petitioners by unblocking the lD numbers lD Nos. 2011070137,2011090258 lor the granite blocks to be dispatched from the leased areas of the Petitioner. 7 lA NO: 'f OF 202s 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 to issue dispatch permits to the petitioners by unblocking the lD numbers lD Nos. 2011070137,20i10902s8 pending disposal ofthe above writ petition. Counsel for the Petitioner: SRt G.V|DyASAGAR, SENIOR CONSEL FOR Counsel for the Respondents: AGp FOR MINES AND GEOLOGY SRI P.GIRI KRISHNA The Court made the following: ORDER 7 THE HON'BLE SRI JUSTICE T. VINOD I{UMAR WRIT PETITION No.2518 OF 2025 ORDER: Heard Sri G. Vidyasagar, learned Senior Counsel appearing for Sri P. Giri Krishna, learned Counsel for the petitioner, learned Assistant Government Pleader for Mines and Geolory appearing for respondents and with the consent of learned Counsel for the parties, the Writ Petition is taken up for hearing and disposal at the stage of admission.

2. Shorn of unnecessary details, the case of the petitioner in brief, is that aggrieved by the demand notices issued by the respondent authorities claiming seigniorage fee along with Iive times penalgr, it had filed a revision in terms of Section 35-A of the Telangana Minor Mineral Concession Rules, 1966 dated

03.0 i.2025 and the said revisions are pending consideration.

3. It is the further contention of the petitioner thar pending adjudication of the revision application submitted by it, the respondent authorities claiming the amount under the demand notice are due had blocked the ID numbers of the petitioner quarries bearing No.2O1lO7OI37 and 2011090258 on

23.10.2024 and Zg.tO.lO24 respectively; and that as a result of biocking of the I.Ds by the respondent authorities, the petitioner 2 is unable to generate the transit dispatch permit for transportation of the colour granite from its Mine head.

4. Petitioner further contends that in similar circumstances this Court had directed the respondent authority to grant dispatch permit subject to the quarry holders depositing 50% of the normal seigniorage charges quantified under demand notices and paying normal seigniorage charges for the permits that are granted hereafter.

5. Petitioner further contends that it is similarly placed and has already paid 5O% of the normal seigniorage fee of the demand made earlier in a sum of Rs.67,75,568/- excluding the penalty of live times in a sum of Rs.33,87,78 4 / - on 20.11.2024. 6- Petitioner further contends that insofar as the other demand ol'normal seigniorage fee in a sum of Rs.3,96,525/- is concerned, it had paid an amount of Rs.82,596/ - on 20.11.2024 and the short fall if any of the 50% of the normal seigniorage fee against the aforesaid payment would be made good immediately. 7. Petitioner further contends that in addition to the aforesaid payments, the petitioner would also pay the normal seigniorage fee in respect of the permits that are obtained hereafter for transporting the granite from the quarry side as permitted by this Court in W.P. No.24944 of 2Ol9 pending adjudication of the revision by the respondent authority.

8. Learned Government Pleader appearing on behalf of respondents would submit that the petitioner had two quarry leases with the above mentioned I.Ds situated in Sy. Nos.325, 326 and 327 of Asifnagar village, Kothapally Mandal and Sy. No. 189 of Kachapur village, Shankarapatnam Mandal, Karimnagar District and that the authorities have issued demand notices on 28.12.2022 to pay the normal seigniorage fee, along with frve times penalty.

9. Learned Government Pleader would further submit that the petitioner had filed revision petition against the aforesaid demand only on 03.O1.2025 and for the said reason the same is pending adjudication.

10. Learned Government Pleader appearing on behalf of respondents would further submit that the petitioner had made part payment against demand of Rs.3,96,525 /- uide cheque No.64O2894624 dated 23.11.2024 covered by demand notice dated 28.12.2022 towards normal seigniorage fee and also Rs.33,87,784 uide cheque No.64O2894645 dated 20.11.2024 towards 5Oo/o of normal seigniorage fee against demand of Rs.67,75,568/-. l

11. Learned Government Pleader thus submits that since the balance seigniorage fee and the penalty amount is due, the respondent authorities have blocked the IDs of the petitioner quarry.

12. I have taken note of the respective contentions urged. 13. Since, this Court in similar circumstances in W.P. No.24944 of 2Ol9 taking note of the fact that the revision petition preferred by the quarry holder was pending consideration, directed the respondent authorities to grant dispatch/ transport permit subject to the petitioner paying 5O7o of the normal seigniorage charges demand and also paying normal seigniorage charges for the permit that are granted, pursuant to the order of this Court insofar as the transport of granite is concerned.

14. Since, the petitioner in the present Writ Petition is similarly placed, this Court is of the view that the respondent authorities are to be directed to activate the blocked IDs of the petitioner as noted hereinabove, subject to the petitioner making good the deficit 50% demand against the demand notice dated 28.12 .2022 after giving credit to the amount of Rs.82,596/ - already paid as in respect of another demand ,,, 5 petitioner having already paid 50% of normal seigniorage fee demanded.

15. Further, the petitioner shall pay 100% of the normal seinerage fee in respect of the transport permit that are generated hereafter on the respondents unbiocking the above mentioned IDs.

16. Subject to the above direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending in the Writ Petition, shall stand closed. //TRUE COPY// n SD/.V.KAVITHA REGISTRAR ASSIS SE N OFFICER To

1. 2 J 4 ( 6 7 PSK. LS The Princioal Secretary, lndustries and Commerce Department' Dr B'R nmUeOf ii Secretariat,'Hyderabad, State of Telangana' ihJoir"itor. of Mines and Geology, HYDERABAD - . iii" oirori, riireCtor of trrtines An6'ceology, wARANGAL'-Telangana state ii.i" XISrii"t oliiitoloi rr,ri*r And Geto-lirgy, KARIMNAGAR, Telansana State. o'iJ cc to SRI P.GlRl KRISHNA, Advocate-[oPUC] ^ i;; ccrl" ci ron nrrr.rE5' Aitrb e eolocY, Higti court for the state of Telangana, at Hyderabad. [OUT] Two CD CoPies $ HIGH COURT DATED:3010112025 ORDER WP.No.2518 of 2025 Sti 1 e t o 0 5 FiB 2$[ o t O€ ri PAl c t DISPOSING OF THE WRIT PETITION WITHOUT COSTS crry'