The High Court · 2025
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...RESPONDENTS 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 the nature of writ of Mandamus decraring the proceedings issued by Respondent No.3 vide Lr. No. 6313/RR/RR Acr2o14-1s dt-04.12.2024 pursuant to the Demand Notice No.2903/civir constructiont2o24 dt- 16.04.2024 issued by the Respondent No.4 as illegal, arbitrary, without Jurisdiction, violative of the provisions of relangana Minor Mineral concession Act 1966,viorative of principars of natural Justice and consequenfly direct the Respondents not to proceed any further pending disposal of the Revision filled by the petitioner on 10.0s.2024. I IA NO: 't OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Co.u rt may be pleased lt is, further prayed that pending disposal of the above Writ Petition, the Honorable Court may be pleased to Suspend the proceedings issued by Respondent No.3 vide Lr. No.. 6313/RR/RR ACT/2024-15 dl- 04.12.2024 pursuant to the demand Notice No.2903/Civi Constructionl2I2q dl- 16.04.2024 issued by the Respondent No.4 pending disposal of the Revision filed by the Petitioner on 10.O5.2024 Counsel for the Petitioner : SRI SOLIPURAM PRANAV REDDY Counsel for the Respondents No.1,3&4: GP FOR MINES AND GEOLOGY Counsel forthe Respondents No.2&5 : GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE T, VINOD KUMAR WRIT PETITION No.3449 of 2o25 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Mines and Geologr appearing for respondent Nos. l, 3 and 4, learned Government pleader for Revenue appearing for respondent Nos.2 and 5 and with the consent of the learned Counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at tlle admission stage.
2. Shorn of unnecessary details, the case of the petitioner in brief, is that aggrieved by the demand notice dated, 16.04.2024, it had filed revision under Rule 35A of the Telangana Minor Mineral Concession Rules, 1966 (for short .the RulesJ with the l"t respondent on 1O.05.2024; that the aforesaid revision hled by the petitioner is pending consideration; that in the meantime the lst respondent-authorities initiated action to recover the amounts being claimed under the aforesaid demand notice by issuing recovery proceedings d,ated, 04.12.2024; and thus, seeks for a direction to the l"t respondent to dispose of the aforesaid revision in a time bound manner and not to take any further I I l I 2 action on the basis of proceedings initiated under Telangana Revenue Recovery Act 1864, pending disposal of the revision.
3. Per contra, learned Government pleader for Mines and Geologr does not dispute the fact of either the petitioner being issued with demand notice or the petitioner having filed a revision in Form J as per Rule 35A of the Rules on 10.05.2024.
4. l,earned Government Pleader would furt]rer submit that if this Court were to direct the respondent authorities to dispose of the aforesaid revision in a time bound manner, the authorities would abide bv the said direction.
5. I have taken note of the respective submissions made.
6. Having regard to the submissions made as above and taking note of the fact that aggrieved by the demand notice dated 16.021.2024, the petitioner having filed the revision to the lst respondent as provided under the Rules, this Court is of the view that the lst respondent authority is to be directed to dispose of the aforesaid revision in a time bound manner.
7. Purther, as the l"t respondent authorities have initiated action to rocover the amounts claimed under the demand notice by initiating proceedings under the Telangana Revenue Recovery i I 3 Act, 1864 under the proceedings dated O4-L2.2O24 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 would become otiose and redundant. (Anab-E.Shahi Wines and Dlstillerles Prtoate Limited a. Appeltate Deputg Cotnmissloner, Secunderabad Division, Nampallg, Hgderabadll. In view of the above, this Court is of the view that pending 8. disposal of the revision by the l"t respondent-authority, the respondent authorities are to be restrained from taking further action pursuant to the proceedings dated 04.12.2024, pending revlslon. g. Accordingly, the Writ Petition is disposed of directing the l't respondent to dispose of the revision tiled by the petitioner on 1O.O5.2O24 within a period of eight weeks from the date of receipt of a copy of the order, and not to take any precipitative action till the disposal of the revision by the 1"t respondent authority. 1 order dated 21.03.1995 io w.P. No.5193 of 1995 4 \ To,
10. Subject to the above observation and direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. //TRUE COPY// SD/.P.PADMANABHA REDDY ASSTSTANT REGTSrRAR /,/ ( SECTION OFFICER
1. The Principal Secretary, Department of Mines and Geology, Hyderabad, State of Telangana, Telangana State.
2. The District Collector, Ranga Reddy District, Telangana State' 3. The Deputy Director of Mines and Geology, Department of Mines and Geology, Hyderabad, Telangana State.
4. The Assistant Director of Mines and Geology, Department of Mines and Geology, Ranga Reddy District, Telangana State.
5. The Tahsildar, Gandipet Mandal, Ranga Reddy District, Telangana State' 6. One CC to SRI SOLIPURAM PRANAV REDDY, Advocate. IOPUCI 7. Two CCs to GP FOR MINES AND GEOLOGY, High Court for the State of Telangana. [OUTI B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]
9. Two CD Copies. BSI(BSK o I -r $b. STr\ I i a' :) o o 1 3 r[, Zrtt5 ( I c ) \: D;::;i'r,;ct\ \_.:__:.-:.--= I I I I I I HIGH COURT DATED:0610212025 ORDER WP.No.3449 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ C,f w