M/s. K R. Granites v. The State of Telangana

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. 2011080069, 2011090085 in respect of the leased areas of the Petitioner over an extent of 4.00 hect, in Sy. No. 236 of Sarvareddypalli Village in Gangadhara Mandal, Karimnagar District and over an extent 0.55 hect, in Sy.No. 23613 of Sarvareddypalli Village in Gangadhara Mandal, Karimnagar District during the subsistence of the lease period is illegal and arbitrary and against the Principles of Natural Justice and violative of Article 14 and 21 of Constitution of lndia and also decrare the action of Respondents in not issuing the dispatch permits during the pendency of the Revision applications dated olt12l2o24 as illegal arbitrary and against the principles of Natural Justice and consequenfly direct the Respondents to issue dispatch permits to the petitioners by unblocking the lD numbers lD Nos. 2011080069, 201109008s for the granite blocks to be dispatched from the leased areas of the petitioner. lA NO: 1 OF 2025 Petition under section 1si 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. 20'l 1080069,201i090085 pending disposal ofthe above writ petition. Counsel for the Petitioner: SRI p.GlRt KRISHNA Counsel for the Respondents: Gp FOR MINES & GEOLOGY The Court made the following: ORDER I ___._=v ,/ THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.35110F 2025 ORDER Heard learned Counsel for the petitioner, learned Government Pleader for Mines and Geolory appearing for respondents No.1 to 4, and with the consent of learned Counsel lor the respective 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 petitionef in, brief, is that aggrieved by the demand notices issued by the respondent authorities claiming seigniorage fee along with Iive times penalty, it had Iiled revisions in terms of Ruie 35-A of the Telangana Minor Mineral Concession Rules, 1966, on

07.12.2024, and the said revisions are pending consideration.

3. [t is the further contention of the. petitioner that pending adjudication of the revision application submitted by it, the respondent authorities claiming the amount under the demand notice as due had blocked the ID numbers of the petitioner quarries bearing Nos.2011080069 and 201109OO85 on

29.1O.2024 and 16. 11.2024, respectively; and that as a result of blocking of the I.Ds by the respondent authorities, the petitioner is unable to generate the transit dispatch permit for 2 transportation area. of the granite blocks from its qlrarrying lease 4 Petitioner further contencls that in similar circumstances this Court had directed the respondent authorit5r to grant dispatch permit subiect to the quarry holders depositing SO%o of the norma.i setgniorage charges quantilied under demand notices and payrng normal seigniorage charges for the permits that are granted hereafter_

5. petitioner lurther con tends that it is similarly placed and has already paid Soolo of the normal seigniorage fee under the demand notices, d.t.28.12.2()22 and dt.22.O2.2023, in, "r_ ", Rs.2,89,43Ol_ and Rs.2,49,83S/- on O4.O2.2O2S respectively, excluding the penalty of five times. 6. petitioner further contends that in addition to the aforesaid paynrents, the petitioner wor-ild also pay the normal seigniorage fee in respect of the permits that are obtained hereafter for transporting the granite from the quarry site as permitted by this Court in W.p. No.2494 4 of 2019 pending adjudication of the revisions by the responden t authorify_ 7. I-earned Government pleader appearing on bchalf of respondents would submit that the petitioner had two quarry -*__- I ----7 J leases with the above mentioned I.Ds situated in survey Nos.236 and 23613 of Sarvareddypalli Village in Gangadhara Mandal, Karimnagar District; and that the authorities have issued demand notices, dt.2g. 12.2022 ar\d dt.22.O7 .2O23, respectively, to pay the normal seigniorage fee, along with five times penalty.

8. Learned Government Pleader would further submit that the petitioner had hled revision petitions against the aforesaid demands only on 07.12.2024 and for the said reason the same is pending adjudication.

9. Learned Government Pleader thus submits that since the balance seigniorage fee and the penalty amount is due, the respondent authoriries have blocked the [Ds of the petitioner I quarry

10. I have taken note of the respective contentions urged

11. This Court in similar circumstances in W.P. No.24944 of \ 2019 laking note ol the fact that the revision petition preferred by the quarry holder was pending consideration, directed the respondent authorities to grant dispatch/ transport permit subjcct to the petitioner paying 50% of the normal seigniorage charges demand and also paying normal seigniorage charges for t 4 the permit that are granted, pursuant to the order of this court insofar as the transport of grqnils is concerned.

72. Since, the peLtroner in the present Writ petition is similarly placed, and having already paid 50% of normal seigniorage fee demanded under both the notices, 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. 13. Further, the petitioner shall pay 10O% of the normal seigniorage fee in respect of the transport permits that are generated hereafter on the respondents unblocking the above mentioned IDs.

14. Subject to the abor.,e direction, the Writ petition is disposed of. No costs.

15. Consequently, miscellaneous petitions, if any, pending in the Writ Petition, shall stand closed. ,TRUE COPY' sd/- A.v.s. PRAsAD ASSIS'TANT REGIStrRAR 1;/v, SECTIONgFFICER The Principal Secletary, lndustries and Commerce Department, Dr B.R Ambedkar Secretariat, Hyderabad, State of Telangana. The Director of Mines and Geology, Hyderabad. The Deputy Director of Mines and Geology, Warangal, Telangana State. The Assistant Director of Mines and Geology, Karimnagar, Telangana State. One CC to SRI P.GlRl KRISHNA, Advocate IOPUCI Two CCs to GP for [\/ines and Geology, High Court for the State of Telangana at Hyderabad [OUT] Two CD €cqles \ To,

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6. pt. BSR U I HIGH COURT DATED: 0710212025 ORDER WP.No.3511 ot 2025 HI E .S ,,{ ( 14 FEB 2W +aTcuEo { .!* * t$ f z o DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION, WITHOUT COSTS ! .al- c"r"w