M/s. Parameswari [\rlinerals v. The State of Telangana

The Deputy Director of firlines and Geology, Hyderabad, Telangana State The Assistant Director of Mines and Geology, Gummadidala [v1andal, Sangareddy District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ declaring the action of the 2nd respondent in keeping pending the renewal application dated

20.02.2021 and levying ADR of Rs l6,24,507/- (FY 2023-24), Rs.13,79,409/- (FY 2024-25), and Rs.11,39,409/- (FY 2025-26) as illegal, arbitrary, and contrary to Rule '10, Rule 12(4)(iii), and Rule 31(iv) of the TSMMC Rules, '1966, and consequently direct the 2nd respondent to forthwith pass orders on the renewal quarry lease application dated 20.O2.2021 without imposing annual dead rent for the FY 2023-24, FY 2024-25 and FY 2025-26. lA NO: 1 OF 2025 /'l Petition under Section 151 CPC praying that in the (tr cumstances stated in the affidavit filed in support of the petition, the High Court I ray be pleased ihat the petitioner prays for an interim direction to the 2nd res p rndent to forthwith pass orders on the renewal quarry lease application daterl )0.02.2021 without imposing the ADR amounts mentioned above pendrng rlir,posal of the Writ Petitio n. Counsel for the Petitioner: SRI P.KAMLAKAR Counsel for the Respondents: AGP FOR MINES AND GEOLC GY The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR ORDER W.P. No.27026 of 2025 Questioning the action of thc respondent No.2, Director of Mines and Geologr, in keeping pencling the rc newal application dated 20.O2.2021 and levying ADR of Rs.16,24,5O7 l- (FY 2023-241, Rs, 13,79,4O9l- (FY 2024-251, and Rs. t1,39,4O9 l- IFY 2025-26],, petitioner filed the present writ peti[ion with a consequential prayer to direct the respondent No.2 to forthwith pass orders on the renewal quarry lease application dated 20.O2.2021 without imposing annual dead rent for the FY 2023-24,FY 2024-25 and FY 2025-26-

2. Brief facts of the case arc lhat the pctitioncr is a partnership hrm, represented by its Managing Partner, n'as grantcd a quarry lease over an extent of Acs.1O.00 in Sy.No. I74, Kothapatli village, Jinnaram Mandal, Sangareddy District lor quarrying stone and Metal and Fullers Earth for ten years commencing from 16.01.2013 and ending

15.01.2023. A lease deed was executcd on i6.01.2O13 and operations commenced accordingly. It is submitted that as per Rule 12 of the A.P. Minor Mineral Concession Rules, 1966, thc lessee must apply for renewal 12 months before expiry ol the lease. Accordingly, the petitioner applied for renewal of the quarry lcase on 2O.O2.2O21 and paid Rs.4O,99,3OOl- towards renewal fees. The respondent No.3, Deputy Director of Mines and Geology, issued a letLer of Intent (Lol) dated 05.01.2023 requesting the pctitioncr to submit a scrutinized quarry plan along with Environmcntal Clcarancc (EC), Consent for 2 \ -- o11 Establishment (CFE), and Consent for Oper: lir n (CIrO) o.ithin Ji* months from the date ol said Letter of Intent sc irs to pass orders orr the renewal application. Thereafter. thr: )ett tioner obtained Environmental Clearance on 2g.06.2023, Cons,.:n 09 .O8.2023, Consent For Operation For Establishmenl ll 08.2023, and rhe scrutinized mining plan on 14.Og.2023. The peti i, rncr also submitted a letter dated 30.06.2023 requesting the responr r,rt No.2 to grant.rn aclditional six months time for submission of <.1,-. 1121161.1; relerrecl in the Letter of Intent. When the petitioner attcr r;rtc<J to uploacl the above statutory documents through the mining l) )r tal (luring thc lirst wcek of December 2023, the portal did not ar [] rw to uploacl the documents' Instead, it displayed outstandi.g clr rt s lou,ards Annual Dead Rent (ADR) of Rs.10,OO,O00 /_ tor the fiscal 1,. ir 2023-24. Since the petitioner rs unable to upload the docuntc r.LS, the pctitioner submitted a representation dated 15.12.2023 Lo ,- tr n'spondcnt No.2 enclosing all documents, requesting the portal tx, _.n:rbled and also sought intimation of any payments requirecl fr r lcase rcnewal execution, br_rt nothing was heard from the r rsyrondenr No.2. Thereafter, the writ petitioner made several rcr) ( sertations clated 16.03.2024, 13.O2.2024, O1.10.2024, 20.Ot.2O:),,; anct fin:rlty on Ol,.O9.2O2S. In all these representations, the lctitioner clearly submitted to the respondent No.2 that ADR, as pc r. llrlc.s, cannot be collected when there is no valid lease in subsistr:t rr .r, :Lncl Lherefore requested to give access to the petitioner so as t, elable him to upload the dor:uments and also requested to p;Lr;s orders on the I / 3 renewal application but the respondent No.2 did not pass any orders thereon. Questioning in action on the part of the respondent No.2, petitioner hled the present writ petition

3. On behalf of the respondents, respondent No.4, Assistant Director of Mines and Geologz, hled counter afhdavit, iner olia, stating at para 7 that it is not true that Advance Dead Rent was demanded for the years 2023-24 and 2024-25. Actual1y, the lease was expired on

15.01.2023 only. Hence, Advance Dead Rent was demanded upto 2022-23 only. The lessee has paid an amount of Rs.5,O0,000/- towards Dead Rent, Rs.38,795/- towards interest and Rs. 10,000/- towards Income Tax, on 28.07.2022. After that, he has not paid any amolrnts. After adjustment of above payments, the lessee/ petitioner has outstanding dues an amount of Rs. 1O,57,959/- as per MRA \ zozz-zs (

4. At this juncture, the learned counsel for the petitioner has drawn the attention of this Court to the copy of the transaction details of Dead Rent Payments for the FY 2022-2023 wherein total amount is shown as Rs.S,18,759/- paid on 28.03.2022 and would submit that thereafter, the portal is not opened. Learned counsel further submits that as per the details of payments stated in the portal, the petitioner is not due to pay as the lease period expired on 15.01.2023 and for the purpose of renewal of quarry lease, the petitioner is always ready to pay annual dead rent dues, if anY. 4 (

5. In that view of the matter, without expresljl )g any opinion onl the merits of the case, the respondents are direr:t,:d to facilitate the petitioner to make online payment of outstandir_rr1 dues and if such payment is paid by the petitioner within a week. from the date of receipt of a copy of this order, the respondents are (l recred to consider the pending renewal application dated 2o.o2.2o2 1 of the petitioner and pass appropriate orders thereon within six weel< ; thereafter. 6 Accordingly, this writ petition is disposed ol Ihere shall be no order as to costs. As a sequel, miscellaneous applications f any pending, shall stand closcd. //TRUE COPY// SD/. S.NII'LLIKARJUNA RAO ASSttiTANT REGISTRAR srcrrkorrlcen / To,

1. The Principal Secretary, lndustries and-Commerc6' (Mines Department)' Secretariat Buildings, Hyderabad, State ot lelangana'

2.TheDirectorof[/linesandGeology,GovernmentofTel'lrrgana'2ndFloor'lVly - Home Sarovar Complex, Hyderabad, Telangana State'

3. The Deputy Director of Mines and Geology, Hyderabad, 1 elangana State 4'TheASsistantDirectorofMinesandGeology,,3;ummadidalaltllandal, SangareddY District.

5. One CC to SRI P.KAMLAKAR, Advocate [OPUC] 6-TwoCCstoGPFoRI\4|NESANDGEOLOGY,HigirCourtfortheStateof Telangana at HYderabad [OUT]

7. Two CD CoPies BS o- HIGH COURT DATED:1 511012025 cc roDAiI t IEt-T J i4 !fi 2025 *( i'/ .i i" ,' .. :Ft.:l:.nt.\:|i :?i _:-;.)::.:./ .-j'. ' .Jr ORDER WP.No.27026 of 2O2S DISPOSING OF THE WRIT PETITION, WITHOUT COSTS d