High Court · 2025

M/s. Padmavathi Metal lndustry, Rep. by its Proprietor, Sri P' Naveen Kumar, Sio p.-Jiw"t nao, Age 59 yi:'ars,'R/o P.No.4 and 5, Madhupala Enclave, Akbar Rodd, Bowenpally, Secunderabad. ...PETITIONER AND

1. The State of Telangana, rep. by its Secretary, lndustries and Commerce Department, Secretariat, Hyderabad

2. The Director of Mines and Geology, Government of Telangana, Hyderabad 3. The Deputy Director of Mines and Geology, Hyderabad 4. The Assistant Director of Mines and Geology, Ranga Reddy ..RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ, order or direction more particularly ond in the nature of WR|ToFMANDAMUS,declaringtheactionofthelstRespondentinnot disposingofRevisionPetitionfiledonl2-o8-2o24,questioningtheDemand Notice No.7484tst2oo7, d1.15-05-2024 0f the Assistant Director of Mines and Geology and Proceedings with further action for recovery as arbitrary' illegal' unjust and unconstitutional and in violation of Principles of Natural Justice without jurisdiction contrary to the Mines and Minerals (Development and Regulation) Act' 1957 and T.S. Minor Mineral Concession Rules, 1966' 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 rnay be pleased to stay the Demand Notice No.7484ts/12007, dt.15-05-2024 0f the Assistant Director of Mines and Geology, pending disposal of the writ petition. Counsel for the Petitioner: SMT. N. SHOBA Counsel for the Respondents: GP FOR MINES & GEOLOGY The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD I(UMAR WRIT PETITION No.5683 of 2025 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Mines and Geologr .appearing for respondent Nos. 1 to 4, and with the consent of the learned counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at the adrnission stage.

2. Shorn of unnecessa4r details, the case of tkre petitioner in brief, is that aggrieved by the demand notice dt. 15.05.2024, it had hled revision under Rule 35A of the Telangana Minor Mineral Concession Rules, 1966 (for short the Rrries') with the 1"t respondent on 12.08.2024; ttlat while the aforesaid revision filed by the petitioner is pending consideration, the 1st respondent-amthorities initiated action to recover the arnounts being claimed , under the aforesaid demand notice; and that if the respondents are allowed to recover the arnorlnt as per the demand notice isstred, the revision hled by it would becorne otiose and redundant. Thus, the petitioner seeks for a \ 2 direction to the 1"t respondent to dispose of the revision filed by it in a time bor-rnd manner and also restrain the respondents from taking action to recover the amount demanded Lrnder the notice, dt.15.OS.2024. pending disposal of the revision

3. Per contra, learned Government pleader for Mines and Geologr while not disputing the fact of the petitioner being issued with demand notice and the petitioner having fiied a revision in Form J as per Rule 35A of the llules on 12.O8.2024. and ttre a11t}.orities issuing recovery proceeding wor.rld however, submit that if this Cour.t were to direct the respondent authorities to dispose of the aforesaid revision in a time bound manner, the authorities would abide by the said clirection. Insofar as the claim of the petitioner of the respondent authorities initiating steps for rec overy of amounts due r_rnder demand notice is concern€d, learned Government Pleader would subrnit that no rrotice l-ras been issued to the petitioner under Revenue Recor/cry Acl, as now and apprehending such action, the present Writ petitjon filed. 4 I have taken note of the respective subrnissions rnade. 5 Having regard to the subrnissions made as above and taking noteof the fact that aggrieved by the demancl notice, 3 dt. 15.O5.2O24, the petitioner having frled a revision before the 1"t respondent as provided under the Rules, this Court is of the view that without expressing any oplnlon on merits of the rnatter, the 1st respondent authority is to be directed to dispose of the aforesaid revision in a tirne bound marlner. Further, pending revision, if the respondent 6. authorities are allowed to proceed with the recovery proceedings, the revision preferred by the petitioner against the dernand notice would become otiose and redundant lSee: Anab-DSha.hi Wines and Distilleries Priaqte Lirnited a. Appellate DePutg Cottlttr:issioner, Secunderabad Diuision, Nannpallg, Ifgderabadll'

7. Admittedly, as of now the petitioner is not issued w"ith any notice by the respondent authorities seeking to recover the amounts due under the demand notices for this Court to hold initiation of such action would resr-rlt in frustrating the revision pending consideration. It is trite law, that a writ of mandarnus cannot be B. issued in advance forbearing a statutory amthority frorn perforrning his fr.rnctions and duties. (See I{-I{. I{ochunnl i order dated 21.03.1995 in W.P.No.5193 0f 1995 4 u. Strrte of Madrasz\

9. In view of the above, the Writ petition is disprosed of directing the 1"t respondent to dispose of the r.evision filed by the petitioner on 12.O8.2024 w,i|nin a period of eir;ht (Og) weeks frorn the date of receipt of a copy of this orcler. It rs made clear that in the meantime if the respondent au thorities initiate any action for recovery of the amount as per deman,l notice, the petitioner is at liberty to approach this Court.

10. Subject to the above observation and direction. rhe Writ Petition is disposed of. No costs. L1-. Consequently, rniscellaneous petitions, if any, pending in this Writ Petition sha_ll stand closed. //TRUE COPY// SD/.K.SREERAMA MURTHY ASSISTANT REGISTRAR Ir s ECTION OFFICER Telangana, Secretariat, Hyderabad

1. The Secretary, lndustries and Commerce Department The State of 2. The Director of Mines and Geology, Government of Telangana, Hyderabad 3. The Deputy Director of Mines and Geology, HyderabarJ 4. The Assistant Director of Mines and Geol<jgy, Ranoa Reddy 5. One CC to SI\/T. N. SHOBA, Advocate toFobl 6. Two CCs to GP FOR MTNES & GEOLOGY, Hi6h Court for the State of 7. Two CD Copies Telangana. [OUT] To, BN BSK \ct- , 1959 SCC &r{ine sC 84 i l l I HIGH COURT DATED:2510212025 CC TODAY ORDER WP.No.5683 of 2025 /1),-\':\i sTA .,:,' ri. 2BITB 2ffi + a /. /t: 1,J\, \1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS p ..€d