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 writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 2nd respondent in not considering the representation 28tO3t2025 and not ordering for the Survey of the Quarry Lease granted area in over an extent of 4.23 Hects. ln Sy.No.73B of Lakdaram Village, Patancheru Mandal, Sanga Reddy District for Building Stone and Road Metal for compliance of G.O.Rt.No.60, Ind. and Com. (M.l) Dept., dt.1210312}25 and the guidelines issued for issuance of revied Demand Notice 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 un,ler Iiection 151 CPC praying that in the circumstilnces stated in the affidavit filed ir su:port of the petition, the High Court may be pleased to direct the 3rd responde rt to conduct survey in presence of the lessee rn over an extent of 4.23 Hects. ln liy.l'1r.738 of Lakdaram Village, Patancheru l',4andal, Sangareddy District, pending c isposal of the writ petition Counsel for the F'etitioner: SMT. N SHOBA Counsel for the Flespondent Nos.1 to 3: GP FOR MINES AND GEOLOGY The Court made lhe following: ORDER t\ THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.l1376 of 2025 ORDER: Heard learned Counsel for the petitioner, the learned Government Pleader for Mines & Geologz appearing for the official respondent Nos.1 to 3, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage

2. Shorn of unnecessara details, the case of the petitioner, in brief, is that aggrieved by the Demand Notice, dt.78.O7 .2024 , though the petitioner had availed the remedy as provided under Rule 35A of Telangana State Minor Mineral Concession Rules, 1966 (for short 'the Rules') by lrling a revision on 28.03.2025, the said revision has not been disposed of by the respondents-authorities till date.

3. It is also the case of the petitioner that in the aforesaid revision, it had also sought for interim relief of directing the Assistant Director of Mines & Geolog, to 2 conduc- srtrvey of the area to an extent of 4.2.3 Hects in surveJ/ No'738 of Lakdaram Village, Patancheru Mandal, Sanga Re<111, District, arld even the said rr-rterim relief sought br lLas not been considered till date.

4. Pe titicner further contends that in the mearLtime the State Ciovernment had issued G.O.ltt.No.6O, dt.l2.Oii.2o25, providing for 'One Time Settlement, and since, tlre petitioner intends to avail the benefit tLnder the said Sclrent,:, it is necessary that a survey as sought for by the peti.iorir:r as an interim measure pendir-tg revision, is to be unclertak en.

5. Per cct;ttra, learned Government pleader appearing for respondents rvould submit that the impugned derr.and has been issut:rl by the respondents-authorities orLly after condur:t.ng a survey in the presence of the petittoner, and as such, tre petitioner is not entitled to seek l esurvey, merely on account of pendency of the revision ltr:fore the Governn ren t.

6. Lerrrned Governrnent Pleader would further. submit that the petitioner, only in order to avoid pay ment of amount under the aforesaid demand notice, is seeking for conduct of resurvey, and as such, the same cannot be considered. 7 . I have taken note of the respective submissions made.

8. Admittedly, aggrieved by the Demand Notice, dt.18.O7.2024, the petitioner had availed the further remedy as provided under Rule 35A of the Rules by filing a revision on 24 .O7 .2024, by paying requisite fee as prescribed under the Rules. g. A perusal of the revision preferred by the petitioner would also show that the petitioner having sought for a interim direction to the Assistant Director of Mines & Geologr to conduct resurvey of the area over an extent of 4.23 Hectors in survey No.738 of Ladaram Village, Patancheru Mandal, Sanga Reddy District, pending disposal of the above revision.

10. As it is contended that the aJoresaid revision is pending consideration, the authorities ought to have taken 4 a decisi,)n u,ith rega_rd to the interim relief sought 1.or by the petitionr:r in the said revision. I 1 . Th e respondents_authorities, hou,ever, lor the reasons bes,. known have neither disposed of the z.foresaid revision till rlate nor considered the interim reiief r.hat has been sough,, for by the petitioner, in the said revision. 12 Thr,ugh the petitioner now claims of approaching the a represetrtation,

2.a res ronrlent and submitting dt.28.03. 20!trl, seeking to conduct surveyr as :he 3.d responde:rt-a uthority claims of having rssued a f.remand Notice, clt.lt\.O7.2024, in furtheralce of the conducterl in the considered view of this Court, authority can not consider the application macle :y the petitioner fo- re-conduct of survey. If at all such a direction i; tc, be issued, it can only be given in the rt,:vision pending before. the Government. tl re said survey

13. As tL e l),rtitioner along with the revision had sought for an intr:rim direction and the same having not been considered as of date, this Court is of the rriew that rvithout expressing an opinion ort the rival claims, thr: 1"t 5 respondent-authority is to be directed to dispose of the application filed by the petitioner for interim relief in the revision pending before it, instead of this Court directing the 2"a respondent to undertake survey by considering the representation of the petitioner, dt.28.O3.2025

14. In view of the above, the 1"t respondent-authority is hereby directed to consider and dispose of the interim application frled by the petitioner in the revision pending before the said authority, and pass appropriate orders therein, within a period of three (O3) weeks from the date of receipt of a copy of this order.

15. Subject to the above direction, the Writ Petition is disposed of. No order as to costs.

16. Consequently, miscellaneous petitions pending, if any, shall stand closed. SD/.P.PADMANABHA REDDY DEPUTY REGISTRAR I / //TRUE COPY// SECTION OFFICER To, '1 . The Secretary, lndustries and Commerce Department, Secretariat; Hyderabad

2. The Director of Mines and Geology, Govemment of Telangana, Hyderabad 3. The Assistant Director olMines and Geology, Sanga Reddy 4. One CC to Smt. N SHOBA Advocate [OPUC] 5. Two CCs to GP FOR MINES AND GEOLOGY ,High Court for the State of Telangana. [OUTI

6. Two CD Copies KKS/BSK i HIGH COUIRT DATED:161A4/2025 ORDER WP.No.113'76 of 2025 -:'::::- a): (/ -7' o : A d x c u Nil'L$b 1$ ?I, + 0E I DISPOSINGi THE WRIT PETITION WITHOUT COSTS $ 6 Lr