Ir4/s E lnfra IRA Ventures v. 1. The Principal Secretary Department of Mines and Geotogy

Petition Under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings issued by Respondent No.3 vide Lr. No.6313/RR/RR ACT|2024-16 dt04.12 .2024 pursuant to the Demand Notice No.2902/Civil Constructionlz}24 dl 23.04.2024 issued by the Respondent No.4 as illegal, arbitrary, without Jurisdiction, violative of the provisions of Telangana Minor Mineral Concession Act .l966,violative of piincipals of natural Justice and consequently direct the Respondents not to I I I I proceed any further pending disposal of the Revision filled by the petitioner on 10.05.2024 l.A.NO:1 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 Suspend the proceedings issued by Respondent No.3 vide Lr. No. 6313/RR/RR ACT12024-16 dt 0412.2024 pursuant to the demand Notice No.2902/Civit Construction/2l24 dt 23.04.2024 issued by the Respondent No.4 pending disposal of the Revision filed by the Petitioner on 10.05.2024. Counsel for the Petitioner : SRI SOLTPURAM PRANAV REDDY Counsel for the Respondent Nos.1, 3 & 4 : G.P FOR MINES AND GEOLOJ}Y Counsel for the Respondent Nos.2 & 5 : G.P FOR REVENUE The Court at the stage of admission made the following ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.3342 of 2025 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Mines and Geologr appearing for respondent Nos. 1, 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 thre admission stage.

2. Shorn of unnecessary details, the case of the petitioner in brief, is that aggrieved by the demand notice dated 23.04.2O24, it had filed revision under Rule 35A of the Telangana Minor Mineral Concession Rules, 1966 (for short 'the Rules') with the 1st respondent on 10.05.2024; that the aforesaid revision filed by the petitioner is pending consideration, 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 that if the respondents are allowed to recover the amount as per the demand notice issued, the revision filed by it would become otiose and redundant. Thus, the petitioner seeks for a direction to the lst respondent to ,/ 2 dispose of the revision filed by it in a time bound manner and also restrain the respondents from taking action to recover the amount demanded under the notice dated 23-04-2024 pending disposal of the revision.

3. Per contra, learned Government Pleader for Mines and Geolog,' does not dispute the fact of either t]re petitioner being issued with demand notice or the petitioner having filed a revision in Form J as per Rule 35A of the Rules on 1O.O5.2O24.

4. Learned Government Pleader would however submit that '.1 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 rnade.

6. Having regard to the submissions made as above and taking note of the fact that aggrieved by the demand notice dated 23.O4.2O24, the petitioner having filed the revision to the 1st 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. 3

7. Further, as the 1.t respondent authorities have initiated action to recover the amounts being claimed under the demand notice by initiating proceedings under the Telangana Revenue Recovery Act, 1864 under the proceedings dated 04. 12.2024 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. (See : Anab-E.Slrrahi Wlnes and I t Distilleries Pritate Limited v. Appellate Deputg Commissloner, Secunderabad Dfuiislon, Namtrtallg, Hgdera.badl). I B. In view of the above, this Court is of the view that pending disposal of the revision by the lst respondent-authority, the respondent authorities are to be restrained from taking further action pursuant to the proceedings dated 04.12.2024, pending I I revision.

9. Accordingly, the Writ Petition is disposed of directing the 1"t respondent to dispose of the revision filed by the petitioner on 10.O5.2024 within a period of eight weeks from the date of I Order dated 21.03.1995 in W.P. No.5193 of 1995 4 receipt of a copy of the order, and not to take any precipitative action in furtherance of notice dated 04.12.2024 till the disposal of the revision by the 1st respondent authority.

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. SD/.A.V.S.PRASAD NT REGISTRAR -11 ASS S ,TRUE COPY// to .,. -n" principat Secretary Department of 1vlines and Geology, Hyderabad' e ECTION OFFICER T=- I Telangana State' GeologY, HYderabad O"iiogy Ranga Reddy District' Telangana State'

2. The District Collector, Ranga Reddy District' Telanqana State' 3. The Deputv Director ;i'ili"; ;;;teologv' Department of Mines and 4. The Assistant Director of lr'4ines and Geology'. Department of Mines and 5. The Tahsildrr, eunoiilt"Hil-uniur' n'ndu n"dd.y District' Telangana State' o. rwo cc's to G.P FoH MillE;;Nri CEbioci' Hish court ror the State or 7. Two CC's to G.P roiHEvrNue' High Court for the State of Telangana at a 3'"1=#i" sRlsoLlPURAM PRANAv REDDY' Advocate [oPUC] 9. Two CD CoPies Telangana at Hyderabad Hvderabad. . SAh cJP w I I HIGH COURT DATED:0610212025 ORDER WP.No.3342 of 2025 ; :.) iL1i* t * -I ri..'. SlJi (' (. 1t FEE Zufr \ -llr:t .+ * F,ATCH DISPOSING OF THE W.P WITHOUT COSTS. t [^(