High Court · 2025

Judgment

1. 2 ...PETITIONER Iff :?::S:,:fl *g,i:B,.$ff o,1il"[?,133!i.?l,.i?",!?83*lndustriesand The Director of Mines and Geology, Hyderabad.

3. The Deputy Director of Mines And Geology, Warangal, Telangana State. 4. The Assistant Director of Mines And Geology, t<arirnagrr, Telangana State. 5. The Assistant Director r of Mines And Geology, Rajanna Siricilla, Telangana State. ...RESPONDENTS

Petition under Articre 226 0f the constitution of rndia praying that in the 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 btocking the tD No 2011090344 in respect of the reased areas of the petitioner over an extent of 5'00 Hects in sy. No. 42t2 0f Narsingapur Virage of Boinpary Mandar, Rajanna siricilla District during the subsistence of the rease period is iilegar and arbitrary and against the principres of Naturar Justice and viorative of Articre 14 and 21 of constitution of rndia and arso decrare the action of Respondents in not issuing the dispatch permits during the pendency 01 .1O.2024 as illegal' arbitrary and against consequently direct the Respondents to iss by unblocking the lD number lD No 201'1 dispatched from the leased areas of the Petitioner' of the Revision aPPlication dated the Principles of Natural Justice and ue dispatch permits to the Petitioners 090344 for the granite blocks to be IANO:1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in urt may be Pleased to direct theaffidavitfiledinsupportofthepetition'theHighCo the Respondents to issue dispatch permits to the Peti number rD No. 201,r090344 pending disposar of the above writ petition. tioners bY unblocking the lD Counsel for the Petitioner: SRI P' GtRl KRISHNA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: ORDER THE HON'BLE SRI ]USTICE T. VINOD KUMAR w TP .4253 25 ORDER: Heard learned counsel for the petitioner and learned I Government Pleader for Mines and Geology appearing on behalf of the respondents, and perused the record. With the consent of learned counsel appearing for the parties, the Writ petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary details, the case of the petitioner in brief is that aggrieved by two separate demand notices dated 28-12-2022 and 22-07-2023, the petitioner had filed two separate Revisions in terms of Rule 35-A of the Telangana State Minor Mineral Concession Rules, 1966 (for short'the Rules,) on 01-10-2024 and the said Revisions are pending consideration.

3. It is the further case of the petitioner that pending adjudication of the Revision applications submitted, the respondents, claiming that the amounts demanded under the above mentioned demand notices are due, had blocked the petitioner's quarry ID N0.2011090344, and that as a result of blocking of the aforesaid ID, the petitioner is not in a position to obtain dispatch/transport permits for transportation of colour granites from its quarry.

4. Petitioner fufther contends that insofar as the demand of normal seignidrag"E fee of Rs.7,2B,B7tl- and Rs.1,24,515/- atong with penatties 2 under the proceedings dated 28-12-2022 and 22-07-2023 respectively, the petitioner had made payment of normal seigniorage fee of Rs.7,2B,B7ll- and Rs.1,24,515/- qn 03-LZ-2024, and insofar as the demand of 5 times penalty' is concerned, since, Revisions filed are pending consideration, the aforesaid amount has not been paid.

5. Petitioner further contends that this Court in similar circumstances in W.P.No.2518 of 2025 had permitted the petitioner therein to pay 50o/o of the normal seigniorage fee pending adjudication of the Revision applications by respondent authorities, and since the petitioner in the present case has paid the 100% normal seigniorage fee demanded, the respondents be directed to unblock the ID to enable the petitioner to generate the dispatch/transpoft permits.

6. I have taken note of respective contentions urged.

7. Since, this Court, in similar circumstances taking note of the fact of Revisions preferred by the quarry holder are pending consideration, directed the respondent authorities to granvpermit the petitioner to obtain transport/dispatch permit subject to petitioner paying 50o/o of normal seigniorage fee demanded under the demand notices which were subject matter of Revisions and also paying normal seigniorage fee charges for the permits that are granted pursuant to the order of this Court. /z J ? B. This Couft, thereafter in a Writ petition, vide W.P.No.3047 of 3 2025 had directed the petitioner to pay the total demand of normal seigniorage fee as a pre-condition For issuance of dispatch permits.

9. Since, in the facts of the present case, the petitioner claims to have paid 100% of normal seigniorage fee on 03-12-2024 against the demand notices dated 28-12-2022 and 22.07.2023, this Court is of the view that the respondents-authorities are to be directed to dispose of the Revisions preferred by the petitioner against the demand notices dated 28-12-2022 and 22.07.2023 within a period of eight weeks from the date of receipt of a copy of this order. The respondents-authorities are further directed to activate the blocked ID of petitioner as noted herein above by duly verifying as to the payment of normal seigniorage fee under the above mentioned hvo demand notices.

10. However, it is made clear that pending disposal of the Revisions, on the respondents-authorities unblocking the petitioner's Quarry ID, petitioner shall pay 100% of normal seigniorage fee in respect of transport/dispatch permits that are generated hereinafter.

11. Subject to above direction, the Writ Petition is disposed of. No costs.

12. Consequently, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// Sd/. A. SRINIVASA REDDY ANT REGISTRAR AS ECTION OFFICER I To, \

1. The Principal Secretary, Industries and Commerce Department' State of ' reLngani,'or g.R Rmo'eorar Secretariat, Hyderabad'

2. The Director of Mines and Geology, Hyderabad' 3. The Deputy Director of Mines And Geology' Warangal' Telangana State' 4. The Assistant Director of Mines And Gelology, Karimnagar, Telangana State' f 5' The Assistant Director of Mines And Gerorogy, Rajanna Siriciila, Terangana State.

6. One CC to SRt P. ctRt KRISHNA, Advocate [OPUC] 7. Tvrc ccs to GP for Mines & Georogy, High court forthe State of rerangarta at Hyderabad. [OUT] / B. Two CD Copies MP s HIGH COURT DATED:14 tOZl2O25 ORDER WP.No.4253 of 2025 1H 5 STA fc (i 21 ttB ?lffi ( ) t, 2' I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS q"q 0, Zl