High Court · 2025

HIGH COURT FOR THE STATE OF TELANGANA - ATHYDERABAD (Special Original Uuriiaiction; FRIDAY, THE SEVENTH DAY OF FEBRUARY Two THoUSAND AND rwer.rriirvi PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITI ON NOi 3490 oF 202s Between: P.Vasude No.32, S 5000075. ;t""11lit'8,;.';yj"-B:fl;f n8o,,,uo1ox?"H;,?i.r#i$l,iir5j?;rr# AND

1. 2 3 4 5 h .....PETITIONER secretary, Department of Mines The State of Telanoana re or'0, f"iJrt:,ij$ffi I a nd Geotosy, Hvo "',., The Deputy Director of M,".u::ld-_C-?ology. Department of Mines and ueology, Hyderabad. Telangana state. The Assistant Director of It/. ceorosy. Ra;gz i;ir";,:li,:i 1?rrf,i3J,?%ii,spartment The District Collector, Ranga Reddy District, Telangana State. The Tahsildar, Gandipet tr4andal, Ranga Reddy District, Telangana State. of Mines and - .....RESPONDENTS j ) I . J 1 I Petition Under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in Writ of Mandamus declar.tng proceedings issued by Respondent No.3 vide Lr. No. 6313/RR/RR ACT.2O24_15 dt. 04.12.2024 pursuant No'2904/Civir construction/2024 dt- 23.04.2024 issued by the Respondent No.4 as i'egar' arbitrary, without Jurisdiction, viorative of the provisio^, i",r"rn"r, Minor Mineral Concession Act 1966,violative of principals of netural .lu.ti.""rnO consequen'y direct the Respondents not to proceed any furthgi,- pendjng s:ia ,n" O"rli.';;,; " . i'j ", disposal of the Revision filled by the Petitioner on 1O 05 2Ct24 in the interests of justice l.A.NO:'t oF 2025 Petition Under liection 1 51 CPC praying that in the circumstances stated intheaffidavitfiledinsupportofthepetition,theHighcourtmaybepleasedto suspend the proceedirgs issued by Respondent No 3 vide: Lr' No' 6313/RR/RR ACTl2O24-1g dI: 04.12.2024 pursuant to the demand Notice No2904/Civil construction/2024dI:23,O4.2024issuedbytheResponderrtNo'4drsposalofthe Revision filled by the l]etitioner on 10'O5 2024' Counsel for the Petitioner : SRI SOLIPURAM PRANAV REDDY Counsel for the Respondent Nos'1 to 3 : GP FOR MINES AND GEOLOG',.Y Counsel for the Respondent Nos 4 & 5 : GP FOR REVENUE The Court made the following ORDER ':! THE HON'BLE SRI JUSTICE T, VINOD KUMAR WRIT PETITION No.3 49O of 2O2s ORDER: Heard learned counsel for the petitioner, learned Government pleader for Mines and Geologr appearing for respondent Nos. 1 to 3, learned Government pleader for Revenue appearing for respondent Nos.4 & 5, and with the consent of the learned counsel appearing Ior the respective parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Shorn ol unnecessary details, the case of the petitioner in brief, is that aggrieved by the demand notice dt.23.O4.2O24, it had hled revision under Rule 35A of the Telangana Minor Mineral Concession Rules, 1966 (for short ,the Rules) with the 1"t respondent on 1O.0S.20 24; that while the aforesaid revision liled by the petitioner is pending consideration, the 1"t respondent-authorities initiated action to recover the amounts being claimed under the aforesaid demand notice by issuing recovery proceedings, dt.O4.12.2024; and that if the respondents are allowed to recover the amount as per the demand notice issued, the revision Iiled by it would become otiose and redundant. Thus, the petitioner seeks for a 2 ..?

1... ,.:. ,a :! direction to the 1st respondent to dispose of thr: revisior-r filed by it in a tim e bound manner and also restrain the re spondents from taking action to recover the amount demanded under the notice, dt.23i.O4.2024, pending disposal of the revision.

3. Per c<>ntra, learned Government Pleader for -Mines and Geolory does not dispute the fact of either the petitroner being issued u'it.h demand notice or the petitioner having filed a revision rn lrorm.I as per Rule 35A of the Rule s on 10.05.2024, or pending revision, the recovery proceeding tssucd by tht' 1st responden t-authorities.

4. Learned Government Pleader would hou'ever submit that if this Court were to direct the respondent autLrorities to dispose of the aforesaid revision in a time bound manner, the authorities ,vould abide bv the said direction.

5. I have taken note of the respective submissions made.

6. Having regard to the submissions marfe as above and taking note of the fact that aggrieved by the deman d notice, dt.23.O4.20'.24, the petitioner having f,r1ed a rt:vision trefore the 1"t respondent as provided under the Ru1es, tlLis Court is of the view that the l"t respondent authority is to be directed to dispose of the aforesaid revision in a time bound manner. \ \ t 3

7. Further, as the lsr respondent authorities have initiated action to recover the amounts being claimed under the demand notice by initiating proceedings under the Telangana Revenue Recovery Acf, 1864 under. the proceedi ngs dt.O4.12.2O24 pending adjudication of the aforesaid revision, this Court is of the view that if the respondent authorities are allowed to proceed with the aforesaid course of action, the revision preferred by the petitioner against the demand notice wourd become otiose and redundant [See: Anab_E-Shahi Wines qnd Distillertes private Ltmited a, Appetlate O.prlg Cotnmissioner, Secunderabq.d Division, Nampaflg, Hgderabadtl.

8. In view of the above, this Court is of the view that pending disposal of the revision by the 1"t respondent_authority, the respondent authorities are to be restrained from taking further action pursuant to the proceedings, d.t.O4.12.2024.

9. Accordingly, the Writ petition is disposed of directing the 1"t respondent to dispose of the revision filed by the petitioner on 10.05.2024 within a period of eight (08) weeks from the date of receipt of a copy of the order, and not to take any 1 order dated 21.03.1995 in w.p. No.5193 ot 1995 I t , I i i 4 precipitative action in furtherance of notice, dL.O4.l2.rLo24 , t111 the disposal of the revision by the 1"t respondent authority. 1 0. Subjec t to the above obseruation and direction, the Writ Petition is disposed of. No costs.

11. Consequently, miscellaneous petitions, if any, pending in this writ Petition sha11 stand closed' //TRUE COPY// ASSI 'D/-A.;...'RASAD REGISTRAR \ E oN,roFFlcER To Telangana at ilyderabad, Telangana State.

1. The Principal Siecretary, Department of Mines and Geology, State of 2. The D"eputy Director of trrlines and Geology, Depadment of '4ines g. Tfre Aisistart Director of 1vlines and Geology, Departrnent of lvlines and Geology, Hyderrabad, Telangana State. Geology, Rarga Reddy District, Telangana State' a. fne Oistrict Collector, Ranga Reddy District, Telangana Stale' 5.TheTahsildar,Gandipetl\4andal,RangaReddyDistri:t,TelanganaS[ate' 6.TuloCCStoC;PFoRlVlNESANDGEoLoGY,HighCourtfortheStateof Telangana. [OUT]

7. Turo cc, to'Gp FOR REVENUE, High court for the sltate of Telangana at Hyderabad. CIUTI

8. One CC to SRI SOLIPURAM PRANAV REDDY, Advocate IOPUC] 9. Two CD CoPies SA GJP HIGH COURT DATED:0710212025 ORDER WP.No.3490 of 2025 ;1 )s .6 ,t 1/ Frr 2[25 z a q ) C \ -. -a, ...-..r,r!pil ,-\] DISPOSING OF THE W.P WITHOUT COSTS. t(d- \