M/s. Abhinandu Granites, Rep by its Managing Partnel. sri v. Ravinder Rao, S/o vs H.No

Petition Under Article 226 ol lhe constitution of lndia praylng that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueaWrit,orderordirectionmoreparticularlyoneinthenatureof writ of Mandamus declaring the action of the Respondents in blocking the lD No. 2011070249, in respect of the leased areas 9f the Petitioner over ?n extents of 7.90 Hects in Sy.No. 333 of Kothagattu Village of shankarapathnam Mandal, Karimnagar District during the pendency of the Revision Applications dated 26.06.2024 as illegal arbitrary and against the Principles of Natural Justice anfl violative of Article 14 and 21 of constitution of India and also dectare the action of Respondentsinnotissuingthedispatchpermitsasi|legalarbitraryandagainst the principles of Natural Justice and consequently direct the Respondents to issue dispatch permits to the petitioners by unblocking the lD No.2011070249, for the granite blocks ro be dispatched from the leased areas of the petitioner. |.A.NO:1 OF 2025 Fetition Under Section 15i CPC praying that in the circumstpnces qtated in the affidavit filed in support of the petition, the High court may be pleased tq direct the Respondents to issue dispatch permits to the petitioners by unllocking the lD No 2011070249 pending disposal of the above writ petition. Counsel for the Petitioner : SRI p.GlRl KRISHNA 9qunsel for the Regpondents i AGP FOR [vllNES AND GEOLOGY The Court made the tollowing ORDER t, {' I I l THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRI T PETITION No.7683 OF 2025 ORDER: Heard Sri P.Giri Krishna, learned counsel for the petitioner and learned Assistant Government Pleader for Mines & GeoloS, Department for the respondents'

2. Petitioner unit deals with the business of quarryrng granite in Karimnagar District. 4th respondent has granted lease rights to the petitioner unit for quarrying granite to an extent of 7.9O hectares in Survey No.333 of Kothagattu Viltage of Shalkarapatnam 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 Mineral Concession Rules, 1966 (for short, the Rules, 1966',).

3. Placing reliance on the Appraisal report dated

29.05.2013 of the Vigilance and Enforcement Department requesting the Government to issue suitable instructions to take necessary action against certain agencies including 2 M/s. Swetha Agencies, Karimnagar Railway Stock yard, Karimnagar District, which is a transporting 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 verilied the railway consignment-wise receipts, transit forms and details submitted by M/s. Swetha Agencies and it was noticed that during the period from 2OO8-2Ol l, the petitioner transported 115 granite blocks for a differential quantity of 664.097 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. 3.d respondent has also issued demand notice dated

28.12.2022 for Rs.2,69,111/- towards normal seigniorage fee with five times penalty of Rs. 13 ,23,894 l-, in total for Rs. 15,93,005/-. Petitioner has liled a revision against ttre said demand notice in terms of Rule 35A of the Rules, 1966 before l"t respondent. The same is pending.

4. While the matter stood thus, 2"d respondent has issued a letter dated 25.1r.2o24 to the District corlectors 3 requesting them to block the IDs of certain quarr5z lease holders for non-pa5,,rnent of amounts against the demand notices and to take measures to prevent illegal transportation of granite blocks. petitioner,s ID bearing No.2Ol IOTO249 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 is ready to pay the normal seigniorage fee i.e., Rs.2,69, 111/_ mentioned in the demand notice dated 29.12.2022.

6. Learned Assistant Government pleader for Mines & Geologr Department for the respondents, on instructions, would submit that 1"t respondent will dispose of the revision Iiled by the petitioner and the petitioner has to pay tJ"e norma_l seigniorage fee. I I \

7. Vide order dated 13.02.2025 in W.p.No.42O7 of 2025, this Court placing reliance on the order dated 3O.O7.2O25 passed by this Court in W.p.No.2518 of 2025 I I 4 directed the respondent authorities to unblock the petitioner's ID on petitioner paying 1OO% of normal seigniorage fee in respect of transport/ dispatch 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 and 4 to unblock the petitioner's Quarry ID bearing No' 2O 1 lO7O249 on the condition of petitioner payrng 1007o normal seigniorage fee in respect of tralsport/dispatch permits that are generated i'e'' Rs.2,69, 1 1 1 / - mentioned in the. demand notice dated 2a.12.2O22 within one (O1) week from the date of receipt of a copy of this order. Miscellaneous Petitions Pending, if any, shall stand sD/-T. TIRUMALA DEVI i ASSISI'ANT REGISTRAR I //TRUE COPY// I s ECTION OFFICER To \ nrilJk"ttecretariat,'State of Telangana at HYderabad'

1. The Principal Secretary, lndustries and Commerce Department' Dr'B R Z. if'" Oit."tor,:f Mines And Geology, HYDERABAD 5. ri'i" o"priv Director of Mines ani'ceplogy' WARANGAL' Telangana state i. fn" n.ii"tlnt Director of Mines and Geolpgy' KARIMNAGAR' Telangana Stato. 5 Two CCs to GP FOR MINES AND GEOLOGY' High Court for the State of retanoana at Hyderabad. ,!HI^ One clc to sRl P.GlRl KRll 6 7. Two CD CoPies Advocate [opUC] SA BS s \ ''l I / :t. I \ \ HIGN COURT DATED:1210312025 ORDER WP.No.7683 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. (ror4 W , I \-\E .i TA r€ 1 t o 7 21 l{Afl 2[6 t OF,-- on.rC rr o