M/s. Mahalaxmi Rock Metal P\t Ltd v. 1. The State of Telangana

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 pleasedtoissueawritoflvlandamus,oranyotherappropriatewrit'orderor direction, declaring the action of the Respondents' in not renewing the quarry lease and issuing dispatch permits for Rough Stone and Road Metal over an extentof2.00Hectors(PaattaLand)inSy.No.466/AofAnkireddypallyVillage' KeesaraMandal,MedchalMalkajgiriDistrict,andinsistingtopayanamountof Rs.1,13,10,171l-towardsNormalseigniorageFeealongwith(10)timespenalty undertheRules,lg66forrenewal,inspitethisHonourableCourtdirectingthe respondents not to take any coercive steps pursuant to Demand Notice No.2472tfi2t1997, Dt.06/OB/2024 in order dt'1846 of 2025 dt 24l01l2O25' as arbitrary, illegal and consequently direct the Respondents 2lo 4 to renew the quarry lease in favour of the petitioner and issue dispatch permits for Rough stone and Road lvretar over an extent of 2.00 Hectors (paatta L-and) in Sy No 466/4 of Ankireddypaily viilage. Keesara Mandar, Medchar Markajgiri District lA NO: 1 OF 2o25 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 preased to direct the Respondents 2 to 4 to renew.the quarry rease in favor of the petitioner and issue dispatch permits for Rough stone and Road Metal over an extent of 2.00 Hectors (Paatta Land) in sy. No.466/A of Ankireddypaily Viilage, Keesara Mandal, Medchal Markajgiri District, without insisting to pay the amounts pursuant to Demand Notice No2472lM2t1gg7, DI. 0610812024 pending disposat of the above writ petition Counsel for the Petitioner: SRl. ANDAPALLI SANJEEV KUMAR Counsel for the Respondents: Gp FOR MINES AND GEOLOGY The Court made the following: ORDER I il: THE HON'BLE SRIJUSTICE T. VINOD KUMAR WRIT PETITION No.4970 of 2025 ORDER: Heard leamed counsel for petitioner and learned GovemmentPleadertbrMinesandGeologyappearingonbehalfof respondents, and perused the record' With the consent of leamed Counsel for the parties, the Writ Petition is taken up lor hearing and disposal at the stage of admission'

2. Shorn of unnecessary details, the case of the petitioner in brief, is that despite the petitionel making application dated 30-06- 2022 seek\ngrenewal of quarry lease for building stone and road metal over an extent of 2'00 Hectares in Sy'No'466/A of Ankireddypally village, Keesara Mandal' Medchal-Malkajgiri District, the said application has not been considered by the respondent authorities as of clate as required under Section 12 of the Telangana Minor Mineral Concession Rules' 1966 (for short 'the Rules'), which action it is contended as highly illegal and arbitrary. 2 'I:':-'

3. Per contra,leamed Government Pleader appearing. on behalf of respondents submits that since there exists a demand towards mineral cues and penalty, the application submitted by the petitioner firr renewal of lease cannot be considered in terms of Rule l3(3) (i) of the Rules.

4. Leamed Govemment Pleader would further subrnit that since the petitioner had filed Revision application on 12-11-2024 in tcrms of Rule 35-A of the Rules, and this Court by order dated 24-01-2025 passed in W.P.No.1846 of 2025 had dilected the respondents to dispose of the above Revision rvithin a period of six weeks and thus, the petitioner cannot seek lor consideration of renewal application even before disposal of the Revision application

5. I l-rave taken note ofrespective contentions urged

6. At an earlier point of time, on the petitioncr approaching this Court by filing a Writ Petition vide W.P.No.1846 of 202_5 claiming non-disposal of the Revision application and also n:spondent authorities resorting to recover the amount due under the demand notice. this Court by order dated 24-Ol-20?5 directed the I' 3 I ..: respondent authorities to dispose of the Revision application preferred by the petitioner within a period of six weeks from the -[his Court further date of the receipt of a copy of the said order' directed the respondent authorities not to take any coercive steps for recovery of amount demanded under the notice impugned under the said Writ Petttton

7. Admittedly, the period of six weeks as directed by this Court for disposal of the Revision application is not yet over' for the petitioner to approach this Courl by the present Writ Petition claiming inaction on the part of the respondent authorities in not considering its application for grant of renewal of quarry lease'

8. Further, a reading of Ruie 13(3X1) of the Rules indicates that any application filed for grant of lease' which inter alia includes renewal also is subject to condition that there is no record of violation of Rules and breach of the terms and conditions of the lease deed. g. Since, the petitioner has been issued with demand notice towards mineral dues by the respondent authorities in respect of its quarry for the earlier lease period' it cannot be said that there has 4 been no breach of terms and conditions of lease for the petitioner to seek renewal of lease automaticallv.

10. Flowever'. taking note of the fact that the petitioner having filed a Rcvisio n on 12-12-2024 againsr the demand norice issued and this Court having directed the respondent authorities to dispose of the aforesaid Revision within a period of six weeks and as the said period of six weeks is not yet over, the petitioner, by the present Wrjt Petition, cannot seek for a direction to the r.espondent authorities 1o consider the application submitted by it for grant of renewal ol'lease. Any such direction if issued by this Court to the respondent authorities to consider the application submitted by the petitioner', the same would be contrary to Rule l3(3Xi) of the Rules 1 l. Hou,.ever, taking note of the fact that Revision fiJed by the petitioner is pending consideration, and this Courl having directed the authorities to dispose of the Revision within six weeks by its order datcd 24-01-2025 passed in W.p.No. lg46 of 2025,this Court is of the vierv that the respondent authorities are to be directed to consider the renewal application on disposal of the Revision I I ,] 5 application filed by the petitioner with the time prescribed by this Court in the aforesaid order. l2 Subject to above direction, this Writ Petition is disposed of ' No costs. 13 As a sequel, miscellaneous petitions, if any, pending shall stand closed. To, 1 SD,.N. RAJ AGOPAL ASS T NT REGISTRAR /TTRUE COPY// S CTTON OFFICER

2. n

4. ft:ridfr [$ft'::tr#i;il;';t, ;lffif ii:;#, ?!,Hffi 3"qffi i"t4luEExs$i1t""s31':to'1l$"'""' 7. Two CD Copies 5 b BM BS ? CC TODAY HIGH COURT DATED:20 tOZt2OZs ORDER WP.No.4970 of 2O2S t oi iEl. .s ,? I (t h' c& * lsiu x 1;) .DISPOSING OF THE WRIT PETITION WTHOUT COSTS // /z at /t ,/t,