High Court · 2025

Petition under Article 226 of the 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 in the nature of MANDAMUS Declaring action of the 2nd respondent in issuance impugned Show Cause Notice bearing show cause notice No 28597721R1-3120204 dt 22-2-2025 demanding the Seigniorage Fee with penalty in respect of the leased area of the petitioner over an extent of 1.75 Hector in Sy No 258 of Amudapally Village, Shankarapatnam Mandal, Karimnagar District during the peridency of Revision Petition i.e. Memo No 2500/M.1(2)12024, as being lllegal, .Arbitrary, Capricious, Malafide, without Jurisdiction, Misuse of Powers, abuse of process of law, contrary to record, non application of mind, contrary to orders of this Honourable Court in W.P. No 22466 of 2023 dt 4-1-2024 as well as W.P. No 3684 of 2025 dt 1O-2-2O25 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 may be pleased to grant lnterim Suspension of the lmpugned show cause show cause notice No 28597 7 2 I R1 -3 I 2020 4 dl 22-2-2025 issued by 2nd respond ent Counsel for the Petitioner: SRl. K UPENDER REDDY 'f5f'-s1 ,1, Counsel for the Respondent No.1: GP FOR INDUSTRIES COMMERCE Counsel for the Respondent Nos.2&3: AGP FOR MINES AND GEOLOGY The Court made the following: ORDER THE T{ON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITI ON No. f0075 of 2025 ORDER: Heard Sri K. Upender Reddy, learned counsel for petitioner, and learned Assistant Government pleader for Mines and Geology appearing for respondent Nos.2 and 3.

2. Perusal of record would reveal that petitioner had filed a Writ Petition vide W.P.No.22466 of 2023 to declare demand notice dated 22.01 .2023 served on 04.0g.2023, issuedj .by 3'd respondent demanding him to pay normal seigniorage fee of Rs.6,71,293l- along with five (5) times penalty as illegal. Vide common order dated 04.01 .2024, this Courl has disposed of aforesaid Writ Petition along with W.p.No.22625 of 2023, granting liberty to both petitioners to file appropriate applications against show cause notices and deraand notices within a period of three (3) weeks from the date of receipt of copy of said order.

3. Petitioner herein had also filed another Writpetition vide W.P.No.3684 of 2025 to declare the action of 2nd respondent, 2 KL, J \ '.P.No- IOO75 ol2025 ;t* Director of Mines and Geology, Hyderabad. ln blocking I.D.No.2.011080415 in respect of his leased area, as illegal Vide orcler clated 10.02.2025, this Courl has disposed of the said Wnt Petrtion directing the revisional authority to dispose of tlre revision filed by petitioner on 26.06.2022[ in terms of Rule 35-A ol thc Telangana State Minor Mineral Concession Rules, 1966 (for shorl 'the Rules'), within three (3) weeks f}om the date of receipt of copy of the said order. During pendency of the said revision, 2"d respondent has issued show cause noticc dated 22.02.2025 referring the de:mand notice dated 22.01 .2023 issued by 3'd respondent, dcmanding an amount of Rs;.6,71,293l- towards normal seigniorage fee along with five (5) times penalty. Aggrieved by the sai,J show cause rrotice dated 22.02.2025, pctitioner has frled the present Writ Petition

4. . As disc:ussed supra, challenging the demancl notice dated

22.07.2023 issued by 3'd respondent, petitionel had filed a revision beftrre 1" respondent in terms of Rule 35-A of the Rules and the said revision is pending' Therefbre, // 3 KL, J W.P.No.l0075 of 2025 2nd respondent cannot issue the impugned show cause notice dated 22.02.2025 demanding the very same amount covered under show cause notice dated 22.07.2023 issued by 3'o respondent. Hence, the impugned show cause notice dated

22.02.2025 issued by 2nd respondent is illegal.

5. It is also relevant to note that Govemment has issued G.O.Rt.No.60, Industries and Commerce (Mines-1) I I Department, dated 12.03.2025, announcing One Time Settlement Scheme with respect to all revision cases and ETS survey cases on specific terms and conditions mentioned therein. It is for petitioner to avail the said OTS Scheme.

6. In the light of the aforesaid discussion, this Writ Petition is disposed of setting aside the impugned show cause notice dated 22.02.2025 issued by 2 respondent. However, 1" respondent shall dispose of the revision filed by petitioner ot 26.06.2024 in terms of the Rules, as expeditiously as possible. Liberty is granted to 2"d respondent to initiate action against petitioner subject to the result ofthe said revision. Till disposal of the said revision, 2"d and 3'd respondents are 4 KL, J U'-P.No.lOO75 ot 2025 directed not to demand petitioner to pay the amount covered under the dernand notice dated 22.07.2023. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SD/-A. SRINIVASA REDDY ANT REGISTRAR S ECTION OFFICER To, 1 The Principal Sr:cretary to Government, lndustries and Commerce Oepartment T.S Secreiariat, Hyderabad

2. The Director of Mines and Geology, Hyderabad 3. The Deputy Din:ctor of Mines and Geology, Warangal' at Karimnagar 4. One CC to SRl. K UPENDER REDDY Advocate [OPUCI 5.TwoCCstoGPFoRlNDUSTR|ESCOrVMERCE,HighCourtfortheStateof Telangana. [OLIT]

6. Two CCs to GP for Mines & Geology, High Court for the State of Telangana at Hyderabad. IOUTI Two CD CoPies

7. KKS LS I I i I : i I i HIGH COURT DATED:0310412025 ) ORDER WP.No.10075 of 2025 TIRGENT .ilArl: \i t. \)' r( l o o ?2 [?$ 1$t5 a .a :k \ i t; r tp4 DISPOSING THE WRIT PETITION WITHOUT COSTS P 'Lt:1,{- i I l i I 1 I t i : i i Il t ' ; ' t ' i : I I I