The High Court · 2025

Petition under Article 226 of the constitution of lndia 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 particularty one kn the nature of writ of Mandamus declaring the action of the 2nd Respondent in blocking the lD No. 2011020124 in respect of the leased areas of the petitioner over an extent of 4.56 Hects in Sy. No. 62 of Kamanpoor Village of Kothapally 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 declare the action of Respondents in not issuing the dispatch permits during the pendency of the Revision application dated. 01 .10.2024 as illegal arbitrary and against the Principles of Natural Justice and consequently direct the Respondents to issue dispatch permits to the petitioners / by unblocking the lD number lD No. 20110201|24 for the granite blocks to be dispatched from the leased areas of the Petitioner. lA 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 direct the Respondents to issue dispatch permits to the Petitioners by unblocking the ID number lD No. 201 1020124 pending disposal of the above writ petition. Counsel for the Petitioner :SRI P.GlRl KRISHNA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: ORDER l/ THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.4207 of 2025 ORDt]R: Heard learned counsel lor the petitioner and learned Govemment Pleader lor Mines and Geology appearing on behalf of respondents, and perused the record. With the consent of leamed counsel appcaring lor the parties, the Writ Petition is taken up fbr hearing and disposal at admission stage. 1 Shorn oluunecessary 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 Revision in temrs ol Rule 35-A of the Telangana State Minor Mineral Concession Rules, 1966 (for short'the Rules') on 0l-10-2024 and tl.re said Revision is pending consideration.

3. It is the lurther case ofthe petitioner that pending adjudication ol- the l{evision application subrnitted, the respondents, claiming thal the alnounts demanded under the above mentioned demand notices are due had blocked the petitioner's quarry ID No.l0l 1020 124, and that as a result of blocking of the aforesaid 2 IDs, the petitioner is not in a position to obtain dispatch/transport permits for transportation of colour granites from its quarry.

4. Petitioner turther contcnds that insofar as the demand of normal seigniorage fee of Rs.9, I5,2791- and Rs.3,0g"4 16l_ along with penalties under the proceedings dated 2g_12_2022 and 22-07-2023 respectively, the petitioner had made payment of normal seigniorage fee of Rs.9, 15,279/- and Rs.3,0g,416l_ on 03- 12-2024, and insofar as the demand of 5 times penalty IS concerned, s ince, Revision filed IS pending consicleration, the aforesaid anlount has not been paid

5. Petitioner fi:rther contends that this Courl in similar clrcumstances in w.P.No.25 I 8 of 2025 had permitted the petitioner therein to pay 50% of the normal seigniorage fee pending adjudication of the Revlsion application by respondent authorities, and since the petitioner in the present case has paicl the 100% normal seigniorage fee demanded, the respondents be directed to unblock the [Ds to enable the petitioner to generate the dispatch/transport permits. 6 I have taken note o f respective contentions urgecl. 7', : 3

7. Since, this Court, in similar circumstances taking note of the fact of Revision preferred by the quarry holder is pending consideration, directed the respondent authorities to grant/permit the petitioner to obtain transport/dispatch permit sub.iect to petitioner paying 50o/o of normal seigniorage fee demanded under the demand notices which were subject matter of Revision and also paying normal seigniorage fee charges for the permits that are glanted pursuant to the order of this Court. B. This Court, therealler in a Writ Petirion vide W.p.No.3 047 of 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 ciaims to have paid 100% of normal seigniorage fee on 03-12-2024 against the demand notice dated 28-12-2022, this Court is of the view thar the respondent authorities are to be directed to dispose of the Revision preferred by the petitioner against the demand notice dated 28-12-2022 within a period of eight weeks from the date of receipt of a copy of this order. The respondent authorities are further directed to activate the blocked ID of petitioner as noted 1f I I I l I \ \ 4 herein above, by duly veriffing as to the payment of normal seigniorage fl:e under the above mentioned two demand notices.

10. However, it is made clear that pending disposal of the Revision, on the respondent autllorities unblocking the petitioner's Quarry ID, petitioner shall pay t00% 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, il any, pending shall stand closed //TRUE COPY// SD/.MOHD.ISMAIL ASSISTANT REGISTRAR )1.--__- SECTION OFFICER -l I To, 1 The Principal Secretary, lndustries and Commerce Department' State of ' i;i";s;;ibie.R nmbeaxar Secretariat, Hvderabad' 2. lthe Director of Mines and Geology' HYDERABAD' 3. The Deputy Director of Mines And Geology' WARANGAL' Telangana State 4. The Assistant Director of Mines And Ge|ology, KARIMNAGAR, Telangana State.

5. One CC to SRI P.GlRl KRISHNA, Advocate lOPUCl 6. Two CCs to GP FOR lvllNES AND GEOLOGY' High Court tbr the State of Telangana. [OtJT] 7 Two CD CoPies. 5 BSK GJP HIGH COURT DATED:1 310212025 ORDER WP.No.4207 of 2025 o3. T$E S14 r{. a. ($( 1 I FrB .2025 i: .o,. ,,/ o o a -:::-a- -' DISPOSING OF THE WRIT PETITION WITHOUT COSTS g)c{' g \1 1{ A