IVI/s sandiya_ lnternational Granites v. Commerce Department Dr B R-Ambedkai Secretariat'Hyderabad

Petition Under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit firecr 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 inaction of the respondents No.2 to 4 in un blocking the (1) ID No.2011090146, extent of rease area 2.00 Hect., rease period 27-08-2oog to 27-08-2029, (2) 2o11ogo14z, extent of reased area 2.27 Hect, leased period 28-08-2009 to 2t-o\-2o29, (3) 2011090148, extent of leased area '1 .00 Hect., lease period 28-08-2009 to 27-08-2029, (4) rD No.20i 1090352, extent of leased area 2.oo Hect, rease pedod 12-10-2010 to .r'1-10-2029, and (5) rD No.2011 100359, extent of leased area 5.30 Hect., rease period 04-02-20.r0 to 03- 02-2030,in sy No 596 of Naguramaryara viflage Kohapaily Mandar Karimnagar District during the subsistence of rease period as illegal arbitrary and against the Principles of Natural Justice and violative of Article 14 and 21 of constitution of lndia and also decrare the action of Respondents in not issuing the dispatch permits even no any such demand notices against the petitioner alleged to be are inexistenceaftertheorderspleasedtopassedbytheHon.bleCourtinbatchof writsdated'o2.o7-2o2SinWP.No.gl4Tof2025andbatchasillegal,arbitrary' and against the Principles of Natural Justice and CONSEQUENTLY direct the RespondentstoissuedispatchpermitstothePetitionersbyunblockingthelD numbersi)lDNos2011o90146,ii)2o11ogo147,iii)2011090148,iv)201,1090352 andv)20lllo035gforthegraniteblockstobedispatchedfromtheleasedareas ofthePetrtionerwhileConSiderthepetitionersrepresentationdated.20-08-2025 by following the orders of this Honourable court in W P NO 3939 of 2025 dated' 12-02-2025. I.A.N O:1 OF 2O25 Petition Under Section 15,1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to directtheRespondentstoissuedispatchpermitstothePetitionersbyunblocking thelDnumbersi)1DNos201,1090146,ii)2011090147,iii)2011090148,iv) 2011090352andV)20lll00359forthegraniteblockstobedispatchedfromthe leased areas of the Petitioner while consider the petitioner's representation dated' 20-08-2025byfollowingtheorderSofthisHonourablecourtinW.P-No'3939of 2025 dated. 12-02-2025 pending disposal of the above writ petition Counsel for the Petitioner : SRI K.S.MURTHY, ADVOCATE FOR SRI G.L.NARASIMHA RAO Counsel for the Respondents : GP FOR MINES AND GEOLOGY The Court at the stage of admission made the following ORDER ?tWV : '/ r -tt ,"t-._ ? ,. THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITIONNo .25628 of 2o25 ORDER: Heard Mr.K.S.Murthy, learned senior counsel representing Mr.G.L.Narasimha Rao, learnecl counsel for the petitioner and Iearned Government pleader for Mines and Geologr appearing on beha,lf of respondents. With the consent of the parties, this writ petition is being taken up for disposal at the admission stage itself. .

2. This writ petition is filed seeking following prayer: "declaing the inaction cf tLLe responclents No.2 i: : y ::?t":*s -!h" 1 ) rD N;. 2 o 1 1 o ti o t i i extent oy tease area 2_OO Hect., lease period. 27.08.2009 to 27 OB.2O29 2) 2011090147 eitent iy t o".a'or"o Z_ 1T^ !::!, -teased period. 2B.oB. 2006 i"' ioa. zoz s 3)2011090148 extent of leased or"i t_06 H""t., lease period 2B.0B.2bog to zz.os.ilig 4)rD No.2O1iO9O352 extent of teased. or.i1_OO ru""t., lease period 12.10.201d to tt.to.iozo Lla qn No.2O11100359 extent of leqsed or.i-S_iO A""t., lease peiod o4.02.2o1o io o3.o2..2oso'i" i,i.*".sgO of .Nagulamalgala Vil.tage, X"nip"itg "Mand.al, Kaimnagar Distict dunnj n. "utririi,ce of lease p::?d as illegal, arbitrary and againstii"-pLn ipt"" -i+ of Natural Justice and. uiolatiue 6y artot and 21 of Corustitution of Ind.ia and also i"aoi1n" o"tfon oy Respondents in not issuing the d.ispatii p,"rrii" no ana such demand ruttices against in plli1ion", "u"n alleged to be are in existenie oyt.i-1["'"ora"r" pleased to pcissed. bA !h" Hon,ble ."irt in'Oot"n o1 wits dated 02.O7.202s in Wp.No.9 j4Z oi-Z6is ora batclt cts iilegal, arbitrary- and agaiist tLbln ipt"" of Natural Justice ond. .on"Jq."ttg"" i;;.t th, Respondents to lssue dispatcit p.i^ii"'"i. the 2 petitioners bg unblocking tLrc ID numbers i) ID Nos.2011090146 ii) 2011090147 iii) 2011090148 and iu) 2011090352 and u) 2011100359 for the granite blocks to be dispatched fronL the leased areas of the petitioner tuhtle consider the petitioner's representation dated 20.08.2025 by following the orders of this Court in W.P.No.3939 of 2025 dated 12.02.2025."

3. Brief facts of the case as stated are that petitioner represented by its Managing Partner would submit that they have got leased the quarry from the respondent authorities in Sy.no.596 o[ Nagulamalyala Village, Kohapally Mandal, Karimnagar District uide lD Nos.i) 2011090146 ii) 2011O9O147 iii) 2011090148 and iv) 2OllO9O352 and v) 2O11100359. Tr'vo separate demand notices dated 19.07 .2023 were issued by the respondents alleging that petitioner had violated the environmental clearance norms arrd have blocked the 5 ID numbers of its quarries. Aggrieved by the said demand notices, petitioner filed two separate Revision petitions in terms of Section 35-A of the Telangana State Minor Mineral Concession Rules, 1956, which are pending for consideration. The petitioner irled W.P.No.3939 ol 2025 before this Court with a prayer to unblock the said 5 IDs and this Court passed the following order on

12.O2.2025, which is extracted herein: "13. Iru the facts of the present case, since, the petitioner claims to haue paid 1OO% of normal seigniorage fee on 21-11-2024 against the demond 3 notices dated l9_O7_2O23, and. insofar as the uiolation of Enuironmental Cleara.nce is concerned, since the said uiolcttion ts subject matter of Telangana pollution Control Board., with uthich tle respond.ent are not concerrted., this Court is of the uiew tt@t the respondent authorities are to be d.irected. to d.ispose of the Reuision preferred. bg the petition.er against the demand notices d.aterl 19_O7_ 2O23 utithin a peiod of eight weeks from the d.ate of receipt of a copg of this order. Tlte respond.ent authoities are further d_irected 6 to actiuate the blocked. IDs of petitioner as noted herein aboue bg dulg uerifging as to tlte pagment oJ. normal seigniorage fee und.er the aboue mentioned tu-to demand notices. 1 4. Houteuer, it is mad_e clear that pending disposal of tlte Reuision, on the respondent authoities unblocking the petitioner's euarry IDs, petitioner shall pay 1O00,6 of nonnal seigniorage fee in respect of transport/ dispatch permits that are generated. hereinafter and. also und.ertake lfs operation confirming to the consent norms/ conditiorus as imposed bg the Tetangana pollution Control Board..,,

4. The furth er case of the petitioner is that instead of implementing the above said orders, respondent authorities again issued five show cause notices all dated 29.06.2024. Again, the petitioner approached this court and filed five writ petitions urz., W.P.Nos.9l4Z, 9239, 7OO42, 10056 and 10O98 of 2025. This 4 :.' Court by a common order dated O2'O7 '2025 passed the following order:

10. In the tight of the same, this Writ Petition is disposed- of and th'e impugned' demand notice dated 27.08.2024 is herebg set aside' Further' tLrc petitioner st:lall submit explanation to the reuised shrxu cause notice dated 29'06'2024 within one week from the date of receipt of a copg of this order tr.tithout reference to shortt cause notices dated 25.06.2024 and 29.O6.2024' On receipt of such explanation, 4th respondent shall consider and d-ecid-e the same tttithin two uLeeks thereafter' If the petitioner fails to submit explanation within one uteek, Iiberty is granted to tlrc 4ttt respondent to take action against the petitioner stnctlg in accordance u-tith latu. Libertg is also granted to tLrc petitioner to raise all the contentions and grounds, which it has raised in the present wit petition before the 4th respondent a nd it is for tlrc 4th respondent to consider tle same. Subject to the result of the enquiry, 4th respondent shall issue permits to the petitioner.

5. Thereaftet, the petitioner submitted explanation on 09.07.2025 to the revised show camse notice dated 29'06'2025 which has been acknowledged by respondents and has also sent additional reminder on 20.08.2025. However, the respondent authorities, till date, have not finalized the enquiry as per orders i :' t I i l I I i -,': 5 of this Coutt and even after lapse of stipulated time. Mr.K.S.Murthy, Iearned senior counsel would submit that as there is delay in unblocking the IDs the petitioner,s firm along with family members of the staff are badly affected. In that regard, petitioner has made a representation on 2O.Og.2O2S to the Assistant Director of Mines and Geologz, Karimnagar District i.e., respondent No.4. Since no response is forthcoming, the present vvrit petition is filed.

6. Learned senior counsel further submits that petitioner is ready to pay normal seignorage charges, if any and further submits that if the respondent authorities alleges that petitioner ts quarrying beyond the leased premlses, the respondent authorities may conduct proper re_survey arrd dema-rcate the thereafter, if any fresh demands are made, boundaries and petitioner would respond accordingly.

7. Tlne Assistant Director of Mines and Geolory (FAC), Karimnagar has placed a copy of instructions through learned Government Pleader for Mines and Geologr stating that as per orders of this Court dated 02.OZ.2O2S, petitioner submitted reply tc the show cause notices uide reply datect 09.O7 .2025 and informeh'that there are more than g quarry leases granted for the 6 \ same hillock and submitted that there are boundary disputes rn the hillock and further submits that ETS survey rvas conducted in their absence and therefore requested' to conduct re survey in their presence by taking whole hiliock as single unit and demarcate the boundaries as per executed sketch for the purpose of arriving correct quantity ' It is further submitted that the Assistant Director has addressed a letter to Director of Mines and Geologr, Hyderabad on 17 'O7 '2025 informing that the demand notices were set aside by this Court and requested to arrarge proper instructrons to enable the E-Trans of the blocked IDs of the 5 Quarry leases heid by the petitioner and a'1so requested to issue instructions with regard to conduct of re-survey (ETS) as requested by the petitioner' Learned Government Pleader further submits that to the extent of re-survey, steps are being taken and the petitioner sha11 cooperate in id'entifying the disputed area and to the extent of collecting the seignorage charges' respondent authorities will follow due proceclure as contemplated under law for further course of action'

8. Heard learned counsel on either side ald perused the record t I I I I I t I i I I I I I l i i i l 7

9. Since, the demand notices have already been set aside by this Court in W.p.Nos.9 142 of 2025 and batch dared O2.O7.2025, the petitioner firm may pay norma-l seignorage charges along with applicable statutory charges to the extent of the mineral excavated. Once the petitioner pays the said charges, the respondent authorities shall unblock the five IDs uiz., i) 2011O9O146 ii) ZOt rcgol41 ii! 2011090148 and iv) 20ltOgO3S2 and v) 2011100359 and issue dispatch permits allowing the petitioner to transport the material and take appropriate steps in accordance to law for fu1*1s1 course of action. The respondent authorities are further directed to dispose of the representation of the petitioner dated 2O.Og.2O2S for the purpose of conduct of re_ survey within a period of four (4) weeks from the date of receipt of a copy of this order

10. Accordingly and with the consent, this writ petition is disposed of. Miscellaneous applications, if any pending, shall staad closed. No order as to costs. To //TRUE COPY// SD/. P. GOWRI SHANKAR DEPUTY REGISTRAR G. SECTION OFFICER

1. The Pn'ncipal Secretary, lndusjries and Commerce Department Dr B R ^ Ambedkar Secretariat State of Telangi* ,i Hvolirouo. 2. The Director of Mines anO Ceotoqv. Ii;;;r;;;""'" 3. The Deputy Director of ruines An;'ce;fogf \i;rangaf Telangana State. 4' The Assistant Director of rrrrines anJceoi.'siv,'ri"ii^irrsar Terangana State l I 1 Two CCs to GP FOR MINES AND GEOLOGY' High Court for the State of i"trnoana at HYderabad [OUTI bH'i6 i6 6 Ci'C.l r'r[nns r rrrtrn neo' Ad vocate [oPU cl Two CD CoPies E 6 7 SA 1 \ ,tt 4h/' ,,/ I I I I i i I I I : I I I I I C.C.TODAY HIGH COURT DATED:17 10912025 ' ' .-1.< ,: t{ ?t?5 ! t ORDER WP.No.25628 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1 \1