High Court · 2025

Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of Mandamus decraring the action of the Respondents in brocking the rD No, 201108Q309, in respect of the leased areas of the petitioner over an extents of 1.00 Hects in Sy.No. 527 of Thimmapur Village of Thimmapur Mandal, Karimnqgar District during the pendency of the Revision Application dated 20.02 2025 as illegar arbitrary and against rhe principres of Naturar Justice anQ violative of Articre 14 and 21 of constitution of rndia and arso decrare the action of ftespondents in not issuing the dispatch permits as ilegar arbitrary and against the Frinciples of Naturar Justice and consequenfly direct the Respondents to I I i I I 7 issue dispatch permits to the Petitioners by unblocking the lD No 201 1080309, for the granite blocks to be dispatched from the leased areas of the Petitioner. l.A.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 tq issue dispatch permits to the Petitioners by unbloclSing the lD No. 2011080309 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 i;{ - I ,? THE HONOURABLE SRI JUSTICE K' LAKSHMAN WRIT PETITION No.752 60F 2025 ORDER: Heard Sri P.Giri lkishna, learned counsel for the petitioner and learned Assistant Government Pleader lor Mines & Geolory Department for the respondents' 1n

2. Petitioner unit deals with the business of Karimnagar District. Originally the quarrying granite quarry lease was issued to one M/s' Shree Granites and later it was transferred to the petitioner unit in the year 201O for quarrying granite to an extent of 1'00 hectares in Survey No.527 of Thimmapur Village of Thimmapur Mandal' Karimnagar District. According to the petitioner' the lease is subsistinganditiscontinuingquarryingoperationsin accordancewiththerelevantRules,Regulationsincluding Telangana State Minor Mineral Concession Rules' 1966 (for short, 'the Rules, 1966')'

3. Placing reliance on the Appraisal report dated 2g.O5.2O13 of the Vigilance and Enforcement Department requesting the Government to issue suitable instr'uctions to 2 take necessar5r action against certain agencies including M/s. Swetha Agencies, Karimnagar Railway Stock yard, Karimnagar District, which is a trarrsporting agency for transportation of granite blocks through Railways by recording lesser measurements. 3.d respondent has issued show cause notice dated 18.04.2022. As a follow up action, technical staff of 3.d respondent verified the railway consignment-wise receipts, transit forms and details submitted by M/s. Swetha Agencies and it was noticed that during the period from 2OO8-201I, the petitioner transported 216 granite blocks for a differential quantity of 1052.452 CBM (as per railway weight). Therefore, the 3.a respondent requested the petitioner to submit explanation as to why action should not be taken under Rule 26(3)(ii) of the Rules,

1966. 3ra respondent has also issued demand notice dated

28.12.2022 for Rs.5,44,722/- toward.s normal seigniorage fee with five times penalty of Rs.26,8O,B2S/-, in total for Rs.32,25,547 l-. Petitioner has filed a revision against the said demand notice in terms of Rule 35A of the Rules, 1966 before l"t respondent. The same is pending. ( 3

4. While the matter stood thus, 2nd respondent has issued a letter dated 25.11.2024 to the District Collectors requesting them to block the IDs of certain quarry lease holders for non-payment of amounts against the demand notices and to take measures to prevent illegal transportation of granite blocks. Petitioner's ID bearing No.2O I 1 O8O3O9 is also blocked. Challenging the same, petitioner filed the present writ petition.

5. During the course of hearing, Sri P.Giri Krishna, learned counsel for the petitioner, on instructions, would submit that petitioner will pursue the said revision, which is pending with the 1"t respondent and petitioner has already paid the normal seigniorage fee i.e., Rs.5,44,722/- on

04.03.2025 uide Treasury Challan No.64O4394483 in respect of the demand notice dated 28.72.2022.

6. Learned Assistant Government Pleader for Mines I \ & Geologr Department for the respondents, on instructions, would submit that l"t respondent will dispose of the re'rision filed by the petitioner. I I I ts\J I

7. Vide order dated 13.02.2025 in W.p.No.42O7 of 2025, this Court placing reliance on the order dated

30.01.2025 passed by this Court in W.P.No.25l8 of 2O2S directed the respondent authorities to unblock the petitioner,s ID on petitioner paying 1OO% of nornal seigniorage fee in respect of transport/dispatch permits that are generated hereinafter. Petitioner herein is a-lso standing on the very same footing- To maintain parity, petitioner is also entitled for the very same relief. Moreover, in the present case, petitioner has already paid the entire normal seigniorage fee in respect of transport/dispatch permits that are generated.

8. In the light of the same, this Writ Petition is disposed of directing respondent Nos.3 and 4 to unblock the petitioner's Quarry ID bearing No.2O1108O3O9 within one (01) week from the date of receipt of a copy of this order. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/.T. TIRUMALA DEVI ASSISTANT REGISTRAR I l..\---- ECTION OFFICER I To '1. The Principal Secretary, lndustries and Commerce Department, Dr.B.R Ambedkar Secretariat, State of Telangana at Hyderabad.

2. The Director of [Vlines and Geology, HYDERABAD. 3. The Deputy Director of Mines and Geology, WARANGAL, Telangana State 4. The Assistant Director of Mines and Geolpgy, KARIMNAGAR, Telangana State.

5. Two CCs to GP FOR MINES AND GEOLOGY, High Court for the State of Telangana at Hyderabad. [OUT]

6. Qne CC to SRI P GlRl KRISHNA, Advocate [OPUC] 7. Two CD Copies SA us g a. HIGH COURI- DATED:1210312025 ORDER WP.No.7526 of 2025 I \ + J o H; ST-{ rct 21 l-14ff m t o'-^nl- Ctr €0 I DISPOSING OF THE W.P WITHOUT COSTS. @c4' &r--- ,'..,ItrJ(