High Court · 2025

FetitionUnderArticle226oftheConslitutionoflndiaprayin$thalinthe circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in blocking the lD No. 20110602_46 in respect of the leased areas of the Petitioner ovel an extent of 4.00 Hects in Sy. No.,t57 of Kothagattu Village of Shankarapatnam Mandal, Karimnagar District during the subsistence of the lease period is illegal and arbitrary and against the Principles of Natural Justice and violative of Article 14 and 21 of cQnstitution of lndia and also declare the action of Respondents in not issuingthedispatchpermitsduringthependencyoftheRevisionapplication$ dated 20.02.2025 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. 20 1 1060246 for the granite blocks to be dispatched from the leased areas of the Petitioner. .A.NO:1 OF 2025 Petition Under Seclion 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 lD number lD No. 201 106Q246 pending diqposal of lhe 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 a THE HONOURABLE SRI JUSTICE K, LAKSHMAN WRIT PETITION No.7494 OF 2025 ORDER: Heard Sri P.Giri Krishna, learned counsel for the petitioner and learned Assistant Government Pleader for Mines & Geologr Department for the respondents.

2. Petitioner unit deals with the business of quarrying granite in Karimnagar District. 4e respondent has granted lease rights to the petitioner unit for quarrying granite to an extent of 4.0O hectares in Survey No.157 of Kothagattu Village of Shankarapatnam Mandal, Karimnagar District. According to the petitioner, the lease is subsisting and it is continuing quarrying operations in accordance with the relevant Rules, Regulations including Telangana State Minor Minera-l Concession Rules, 1966 (for short, 'the Rules, 1966',1.

3. Placing reliance on the Appraisal report dated

29.05.2073 of the Vigilance and Enforcement Department requesting the Government to issue suitable instructions to take necessar5r action against certain agencies including ) M/s. Swetha Agencies, Karimnagar Railway Stock Yard, Karimnagar District, which is a transporting agency for transportation of granite blocks through Railways by recording iesser 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 consignme nt-wise receipts, transit forms and details submitted by M/s. Swetha Agencies arld it was noticed that during the period from 2OOB-2011, the petitioner transported seven granite blocks to the quantity of 42.156. Therefore, the

3.d respondent requested the petitioner to submit explanation as to why action should not be taken under Rule 26(3)(ii) of the Rules, 1966. 3.d respondent has also issued demand notice datr:d 28.12.2022 for Rs.45,083/- towards normal seigniorage fee with five times penalty of Rs.2,25,415/-, 1n total for Rs.2,7O,498/-. 3.d respondent has also issued another sho\ / cause notice dated 19.O5.2O23 to the petitioner herein alleging that verification of remaining 4 140 bills submitted by the Agency was taken up and the respondents alleged to have found that there is variation in the quantity. Thus, 3.d respondent has demanded an amount of 3 Rs. 1,11,863/- towards norma-l seigniorage fee by way of issuing demand notice dated 19.07-2023. Petitioner has filed a revision against the said demand notice in terms of Rule 35A of the Rules, 1966 before 1"t respondent. The same is pending.

4. While the matter stood thus, 2"d 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.2011060246 rs 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 is ready to pay i.e., Rs.45,083/- and the normal seigniorage fee Rs. 1,11,863/- mentioned in the demand notices dated 2A. 12.2022 and 19.O7 .2023. -) J 4

6. Learned Assistant Government Pleader for Mines & Geolog, Department for the respondents, on instructions, would submit that 1st respondent will dispose of the revision filed by the petitioner and the petitioner has to pay the normal seiqniorage fee.

7. Vide order dated 13.02.2025 in W.P.No.4207 of 2025, this Court placing reliance on the order dated 3O.OI.2O2!; passed by this Court in W.P.No.2518 of 2025 directed the respondent authorities to unblock the petitioner's ID on petitioner paying 100% of normal seigniorage fee in respect of transportldispatch permits that are generated hereinafter. Petitioner herein is also standing on the very same footing. To maintain parity, petitioner is also entitled for the very same relief. Moreover, in the present case, petitioner is ready to pay 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 ald 4 to unblock the petitioner's Quarry ID bearing No.201 1060246 on the condition of petitioner paying 1o0yo normal seigniorage fee in t 5 respect of transport/dispatch permits that are generated i.e., Rs.45,083/- and Rs. 1,11,863/- mentioned in the demand notices d.ated 28.12.2022 and 19.07.2023, 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 ,t U s CTION OFFICER

1. The Principal Secretary, lndustries and Commerce Department, Dr B.R Ambedkar Secretariat, State of Telangana at Hyderabad. State.

2. The Director of Mines and Geology, HYDERABAD. 3. The Deputy Director of Mines and Geology, WARANGAL, Telangana State 4. The Assistant Director of Mines and Qeology, KARIMNAGAR, Tslangana 5 Two CCs to GP FOR MINES AND GEOLOGY, High Court for the State of 6 One CC to SRI P.GlRl KRISHNA, Advocate [OPUC] 7 . Two CD Copies Telangana at Hyderabad. [OUT] To \ SA BS 5 ..4 \ -t rle sT^re {J 21 ilAn 2$25 2z u I 'lFsPAT HIGH COURT DATED: 1 210312025 l ORDER WP.No.7494 of 2025 DISPOSING OF THE W.P ,3 WITHOUT COSTS. c4" X#