The High Court · 2025

M/s. KMS Constructions Private Limited., (M/s. KMS Constructions) C/o. Sanghi Textiles and Processors Pvt. Ltd., Rep. by its Managing Director Sri Girish Kumar Sanghi, S/o. Ramsharen Sanghi, age 69 years, Occu. Business, R/o Ummarkhaguda (Dahara) village, Hayathnagar Mandal (presently Abdullapurmet Ivlandal). Ranga Reddy dist-501 512, Telangana State. ...PETITIONER AND '1 . The State of Telangana, Rep by its Secretary-Cum- Revision Authority, (Mines and Geology) lndustries and Commerce (Mines-l) Department, Government of Telangana, Secretariat buildings, Tank Bund, Hyderabad, Telangana. 2- The Director of Mines and Geology, Government of Telangana, 2nd Floor, My Homes Sarovar Complex, Hyderabad, Telangana.

3. The Dy. Director of Mines and Geology, Hyderabad, Telangana state. 4. The Assistant Director of Mines and Geology, Hyderabad (presently Ranga Reddy dist), Telangana state. ...RESPONDENTS 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 pleased to issue a writ, order or direction more particularly one in the nature of writ of ITIANDAMUS declaring the action of the Respondent No.1 in passing the impugned revision order vide Memo No. 1927|M.1(2)12014, d|07.11.2024 and lhe consequential order vide Lr. No.5870/RV and EO-HR lillegall2)13 dt.07 .12.2024 passed by the Respondent No.4 as it is arbitrary, illegal and violative of principles of natural justice and seeking the consequential relief to set aside the impugned revision order issued by the Respondent No.'l vide Memo No. 1927|M.1(2)12014' d1.07.11.2024 and to set aside the consequential order vide Lr. No.5B70/RV and EO-HR/illegal/2l13 dt.07.12.2024 passed by the Respondent No.4 and to remand back the matter to the Respondent No.1 for reconsideration in the interest of justice, lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend thg impugned revision order passed by the Respondent No.1 vide Memo No. 1927lM.l(2|2014. dt.O7.11.2024, pending disposal of the Writ Petition in the interest of justice. c ou nser ro r the petiti o n "'' rrT:?';y:I:rl.:ERrJ. PRHIJ^TI B"' Counsel for the Respondents: ASST. GP FOR MINES AND GEOLOGY The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.55O2 OF 2025 I I I ORDER: Heard Dr. Venkat Reddy Donthi Reddy, learned Senior Counsel representing Sri G.Krishnaiah, learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geolory for the respondents.

2. It is the specific contention of the petitioner herein that it has filed a revision dated 23.lO.2O24 before the 1"t respondent in terms of Rule 35-A of the Telalgana Minor, Mineral Concession Rules, 1966 (for short, the Rules') challenging the demand notice dated 21.01.2014 issued by 4tt' respondent. Though the said revision was filed on 23.70.2024, the 1't respondent has disposed it of only on 07.11.2024. Hearing was conducted on 26.10.2024. The l"t respondent has relied on the report of the 3'd respondent dated 25. lO.2O24 in the impugned order dated 07.1L.2024. Vide letter dated 23.10.2024, petitioner requested the 1"t respondent to furnish copy of the report dated 25.10.2024. Despite receiving and acknowledging the said representation, l"t respondent did not furnish copy of the said report. Therefore, the said order dated O7.L1.2O24 of 1st respondent is in violation of the principles of naturfir.ptice. 2

3. In the light of the said specilic contention, this Court directed learnr:d Assistant Govemment Pleader for Mines and Geolory for the respondents to get instructions. On instructions, he would submit that copy of the said report has not been furnished to the petitioner herein. Hovt ever, he has furnished a copy of the saicl re port to learned Senior Counsel for the petitioner and also to this Court today. The same is placed on record.

4. As rliscussed supra, 1"t respondent has passed impugned orclt:r rlated 07 .11.2024 placing reliance on the said report dated 25.1O.2024 of the 3.d respondent.

5. Learncd Senior Counsel for the petitioner referring to Challan datecl 04.01.2025 would contend that petitioner herein has paid normal seigniorage fee of Rs.65,BO,2OOO l-. Therefore, 1"t respondent has to decide the 10 times penalty imposed by 4th respondent in the demand notice dated 21.01.2014 rn the revision filed by the petitioner dated 23.1O.2024 in terms of Rule 35-A of the Rules

6. Adnrittedly, the copy of report dated 25.1O.2024 of 3,a respondent was not furnished to the petitioner herein. (

7. In the light of the same, the impugned order dated :l 07 .11.2024 of l"t respondent is set aside. Matter is remanded back to 1"t respondent with a direction to dispose of revision liled by the petitioner dated 23.10.2024 challenging the demand notice dated 21.01.2014 issued by the 4th respondent by putting the petitioner on notice and affording it an opportunity' Liberty is granted to petitioner to fi1e additional affidavit or additional grounds,ifnecessar5r.Libertyisalsograntedtothepetitionerto raise al1 the grounds and contentions, which it has raised in the present writ petition before the revisional authority and it is for the revisional authority to consider and decide the salne' However, l"t respondent shall dispose of the said revision within one (01) month from the date of receipt of a copy of this order'

8. Accordingly, the Writ Petition is allowed ' There shall be no order as to costs. Miscellaneous petitions pending, if any, shali stald closed' SD/-T. TIRUMALA DEvl EPUTY REGISTRAR //TRUE COPY// S ON OFFICER I \ To, 1 The Secretary-Cum- Revision Authority (tvlines and Geology) lndustries and ' cJ'r',il"""*idri"'".-il ijepi,tm"nt. staie bf relangana Government ot i;ir;;;; Selretaiiat fuiiaings. Tank Bund' Hvderarrad relanqana , +ff'DY;;i";""r rfi;;;;;;'di;bi, CGnil"'it or r"t'nsana' 2nd Froor' Mv Homes Sarovar Complex, Hyderabad' lelangana' . 3 i;;'D; D;ector ot tviin"i rtid Geologv Hvd6rabad' relanoana state' i iii X{rilili'i'oi*tilii,iil'ii"is-a-no 6iioro'gv, Hvderabad (-presentlv Ransa s ii;;ti td'bni co"0nroEVi xRtst-tt'tRtRt-t Advocate toPUCl 6 ;;; 66.i""GiFoR- Mir[Ei'ANiD'GroLocy, High c<iurt for ihe State of Tela 7. Two BSK BS Reddy dist), Telangana state. ngana [OUT] CD CoPies. W HIGH COURT DATED:0810412025 ORDER WP.No.5502 ot 2025 1 HE s a{r q ( I I I \ o \ 2 S Aif, 2025 SPar.u€O a t ,. ,I ALLOWING THE WRIT PETITION WITHOUT COSTS 1 \U, \t$ at-. \ l/