M/sManikantaGranites v. 1. The State of Telangana

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 ;i";;;; to issue a writ order or Direction more particularly in the nature of MANDAMDUS Declaring action of the 2nd respondent in blocking the l D No zoi roao+r s in respect of the leased area of the petitioner over an extent of 1.75 nlctor in Sy No 258 of Amudapally Village, Shankarapatnam t\ilandal,- l(g[.nl?sut oiiit"t orri'ng the pendency of Reiision petition i.e. Memo No 250olu.'l(2)12024. not issuing dispatch permlti as being, lllegal, Arbitrary' and a-gainst the Principles oi-f.fitrrii Justice also Violation oi RttiCt" 14 ancl 21 of Constitution of lndia consequ"nttydirecttherespondentstoissuedispatchpermitstothepetitionerby ;;bb&i"g t'he t.D No 2O1iOBO415 for the granite btocks to be dispatch from the leased area of the Petitioner lA NO: 1 OF 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, ir'"-Higl, Court may be pleased. to grant interim directions to respondents' to issue dispatch permit to the petitioner by unblocking the l.D No 201 108041 5 Counsel for the Petitioner: SRl. K UPENDER REDDY Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: ORDER - .-* ..,7 THE HON'BLB SRI JUSTICE T, VINOD KUMAR WRIT PETITION No.3684 of 2025 l l ORDER Heard leamed counsel for petitioner, leamed Government Pleader for Mines and Geology appearing on behalf of respondents, and perused the record. With the consent of leamed counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary details, it is the case of the petitioner that he has been assigned the mining lease granted origina[y in favour of M/s.Mountain Corporation for excavation of colour granite over an extent of 1.75 Hectors in Sy.No.25g of Amudalapally village, Shankarapatnam Mandal, Karimnagar District in respect of the balance unexcavated lease period upto t9-12-2028.

3. Petitioner further contends that since it has been granted lease only w.e.f. Ju,ly, 2022, on the authorities issuing demand notice dated 22-07-2023 levying / demanding normal seigniorage fee along with 5 times penalty, it had approached this Court by filing a Writ Petition vide W.P.No.22466 of 2023, and, the aforesaid Writ I , ) Petition was disposed of by this Court on 04-01-2024 relegating the petitioner to avail the remedy of Revision in terms of Rule 35-A of the Telangana State Minor Mineral Concession Rules' 1966 (for short 'the Rutes')'

4. It is the lurther case of the petitioner that pursuant to the aforesaid direction of this Court, petitioner had filed Revision in Form-J as per Rule 35-A of the Rules on 26-06-2024; and that the petitioner was issued with a notice dated 14-10-2024 to appear for personal hearing to be held on25'10-2024'

5. Petitioner further contends that on the date fixed by the respondents lor personal hearing, the petitioner had appeared and made submissions in support of its case as to not being liable to pay the normal seigniorage fee and penalty that was to be recovered from the M/s.Mountain Corporation; and that as of date' no orders are Passed.

6. Petitioner further contends that in the meantime' the respondent authorities have blocked the petitioner's tD' as a result of which, petitioner is unable to generate transport/dispatch permits, and thus, seeks for direction to respondents to 3 atlow/unblock the IDs enabling the petitioner to appty for and obtain dispatch Permits.

7. Per contra,leamed Govemment Pleader appearing on behalf ol respondents on the other hand would submit that the original lease granted in faovur of IWs.Mountain Corporation was transferred in favour of the petitioner upon an application made' I and thus, the amount which are due on the date of transfer are also to be paid by the Petitioner. I t

8. Learned Govemment Pleader would further submit that since the petitioner claims to have filed a Revision on 26-06-2024 arrd hearing of the said Revision having been already held on 25-10- 2024, the respondent authorities may be directed to dispose of the I I same in a time bound manner. g. Having regard to the submissions made as above' and without expressing any opinion on the merits case, since petitioner had asserted that a personal hearing having been held on 25-10-2024 pursuant to the Revision application filed in terms of Rule 35-A of the Rules, this Court is of the view that the respondent authorities are to be directed to dispose of the aforesaid 4 Revision within a period of three (03) weeks from the date of receipt of a copy ol this order.

10. Upon the rcspondent authorities passing the order in the Revision, the authorities shall take further action with regard to permitting the petitioner to obtain dispatcVtransport permits. I 1. Sub.iect to above direction, the Writ Petition is disposed of No costs.

12. Consequcntly. miscellaneous petitions, if any, pending shall stand closed. \ To, //TRUE COPY// SD/.T. TIRUMALA DEVI T REGISTRAR ASSIS I CTION OFFICER

5. o. The Principal Secretary to Govemment lndustries and commerce Department T.S Secretariat, HYderabad The Director of Mines and Geology, Hyderabad The Deputy Director of Mines and Geology, Waranga ( Camp) at Karimnagar The Assistant Director, Mines and Geology Karga One CC to SRl. K UPENDER REDDY Advocate [OPUC] Two CCs to GP FOR MINES AND GEOLOGY ,High Court for the State of Telangana. [OUTI

7. KKS BS Two CD Copies O.r'vr- HIGH COURT DATED:1 010212025 CC TODAY ---:-::=-: -;HE STar- - c q. d 11rEB uE v. * Escaic ORDER WP.No.3684 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t) i \ l+- --k.' tt l>t>\ \\ce(-.-L\-'