T.K. Raghunatha Rao v. Geology

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 one in the nature of writ of Arlandamus declaring the impugneci notice No.'1672lVigilancel2024 daled 261812025 issued by the 2nd respondent to the petrtioner in directing the petitioner to submit documentary evidence for the seized sand 900 MT in Sy. No.70413, Paidipalli village, Warangal i\rlandal and District on 251812025 as bad in law, arbitrary, unjust and high handed one and consequently set aside the same lA NO: 1 OF 2025 Petition under section 'r 51 cpc praying that in the ircumstances stated in the affidavit fireri in support of the petition, the High co r t may be preased to drrect the respondent no. 2 to rerease the sand g00T seize: by respondent no. 2 by drrlv considerin,l the representation dated 27 rgr2025 pr drng disposar of the above Writ Petrtion Counsel for the petitioner: SRl. SANJEEV REDDY GILLELi\ Counsel for the Respondents: AGp FOR MINES AND GEO - )Gy The Court made the following: ORDER { THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.28811 of 2025 ORDER Heard learned counsel for the petitioncr and Iearned Assistant Gor.ernment Pleadcr for Mines ancl Geology appearing fol respondent Nos.1 and 2. With their consent, this r,r,rit petition is being taken up for disposal at the admission stage itself

2. This w.rit petition has been filed seeking the follow,ing praver:- " to declare tlrc impugned notice No.1672[/igilan cc/2024 dtlctl 26.08.2025 issued by the 2,r respontlent to tlrc pttitionrr itt directutt tlt pctitioner to submit docwtrcntanl tt,i,lettce Jbr Llv stt-cti santl 90() M't in Sy No.7043, Paidipalli aillage, Warangal NlandLtl rnd Distrit:t ott 25.08.2025 as bad in Lato, arbi trary, u ttl ust turtl ltiglt ltLu LLlt d or u an d cotrscquently set aside the sanrc."

3. Brief facts stated in this writ petition are that Lhe petitiont,r rca business entrepreneur and after obtaining valid licenses, petitioner is running cement pipes business under name and stvle M/s.Kalyani Pipe Company at I'aidipalli Village, Warangal Mandal and District. The case of the petitioner is that on 25.08.2025, tl're Regional Vigilance and Enforcemerl[ team alor-Lg with staff of respondent Nos.2 and 3 conducted joint inspection of the petitioner's company and found that 900 tones of sand is dumpecl in the company premises. Thereafter, the petitioner on phone was informed to provide necessary documents to support the preservation of sand in bulk quantity and the petitioner had submitted the said documents and informed that the sard \ ras purchased for re-modification and renovation of the unit. However, through panchanama, respondent authorities have seized the sand on

25.08.2025. Hence, the petitioner on 27.08.2025 made a detailed representation 2 before rcsfrondent No.2 and submitted documcntary cvir :nces in support'of ' his case. It is fr.rrLher submitted that respondent No.2 isstr C impugned noticc bearirrg No.1672/Vigilarce/2024 dated 26.08.2025 and ,l r ,cted thc lretitioner to produet'thr ilocumentan. cvidences having paid s,-,ir tioragc fccs to thc (lovernnri.rtt fr r tlrt s.tnd stock of 900 MT, n,ithin (7) ,l,r s from thc clatc of receipt oI this notico, failing which necessary action u i I be initiatt'd as pcr rules in force. l.gerrcvc-d by the same, this writ petition is I lcd.

4. I-earrred counsel for the petitioner submits that he petiti()lter u,i./e rcpresentatron dated 27.08.2025 had submitted documt'r ary cvidences and requestecl rcsponrlent authorities to consider the sanr, and t.rempt thc petitioncr l-rom.rll tht.charges ancl close the proceedings i Litiated ag.rinst lhc petitioncr.

5. I-eanred Assistant Government Pleader for V i Les and (Jeology appe;rring for respontltnt Nos.1 and 2 placed on record jns ructions issued by the responclent No.2, wherein it is submitted that the petiti ner has submitted his expl..rr.r.rtion on 2fi.08.2025, stating that the sand is store r for the purpose of re-modification ancl renovation of the unit and further sr rmrtted that he is planning to star: the indushy after Dasara festival and has : rbmitted (30) way bills for a quantity of 780 MT of sand issued by M/s TGMDC Ltcl. On verification of the clocumentary evidences, it is noticed th t neither clelivery address was specific nor the name of the industry. Sincr the documentary evidences submrttecl by the petitioner was not satisfactory. he samc were not considerccl. L- 6. Learned Assistant Government Pleader further submits that as per 3 Rule-14 of G.O.Ms.No.3 datcd 08.01.2015. the Tahsildar (or) the officc'rs norninatcd by Tahsildar at Mandal level: Sub-Collector/ Ret'enue Division Officcr (or) uominated by the Sub-Collcctor/ Revenue Division officor at L)ir ision lo,el: the Joint Collector/ the District Col[-ctor, \,\'arangal Rtrral at District level shall seize illegal sand stocks and shall keep thc samc under szrfe custody of concerned Tahsildar and thc same shall bc drsposed tlrrouglr 'l'elangana State Mrneral Dcvelopment Corporation. Learned Assistant Covernment Pleader has dran n attention of tl-ris Court to Rulo-14 of Tclarrgana State Sand Mining Rules, 2015 as amenclecl through C.O.\{s No ft2 clattd 07.11 2015, relevant portion is extractcd hereunder:- " Such sei:ed sand shall bc tlisposcd by cortccrnetl Talsildar/Sub Collector/RDo or uny olJicer nominatetl by District Collector with tlrc approval of the District Collector & Chttirman oJ the District Level Sand Committee (DLSC) as pe r sale price as being follo*-ed and in accordance vith lltc guidelines issued by Telangana State Mincrol Detelopntent Corporation."

7. Learned Assistant Covernment Pleader further subnuts tlt.rt respondent No.2 oide letter bearing Lr.No.1672/Vigilance/ 2024, clated

28.08.2025, requested the respondent No.3 to dispose the seized sand by following the instructions issued by the Government through G.O.Ms.No.3 ciated 08.01.2015, G.O.Ms.No.1O dated 04.02.20L5, G.O.Ms.No.82 dated

07.17.2015 and latest amendments there on as Per the D.O.Lr.No.8/VC&MD/Peshi/2015/1969 dated 22.08.2025 and LT No.TSMDC/GMSM/SS/2015-L6/ 687 dated 02.r2.2o1,s of VC&MD, TSMDC Ltd, Hyderabad 4

8. At this stage, learncd counsel for the petitioner srrlr rits that the sand is not yet auctionctl .rnrl pral'tlris Court to grant liberty lc ctitioncr to submrt the lc'levant documcntary evidence before the rcspon,l nt authorities and further pray tlris Court to dircct the rcspondent authori cs to consider thc s.tme ancl pass .)l d('r's irr .r tinrc bound period.

9. Le.rrnecl Assistaltt (lovernrncnt Plcader for Mincs r .cl Geology did not dispute thc sanrr'.lrd Pra1, this Court to pass appropriat(.( 'ders-

10. Recordirrg tho sulrrrission made by the learned rr,L rsel on either sidc, this wril petition is rlisposccl of granting libertv to pcti i ,ner kr furrrish thc docLrmtrrtarv ,:r'idenct in suprport of his reply befir ,' tlre respondent authorities, withi:r .r I)eriod of onc (01) rveek from the rl.: t of receipt of copv of this order antl there.rfter, the respondent authorili s are directed to consider the s.rr:re ,rncl aiter giving fair opportunit\ rf hearing to the petitioncr, shall p.rss a;rpropriate orclcrs, preferably, rvitl- n a period of tw,o (02) weeks fronr thc date of receipt of the documents. It rs l rade clear that this Court hatl not expressecl anv opinion on the merits of the t Lse and it is for the respondent authorities to pass orders strictly in accordanc I vith law.

11. With thc abor.e directions, this writ petitio,r is disposed of. Miscellaneous a pplications, if any pending, shall stand clir :d. No order as to costs. To, //TRUE COPY// SD/-8. REKHA RANI AS;I ISTANT REGISTRAR sEcTitJ( oFFICER

1. The Principal Secretary Department of Mines an,l Geology, Secretariat Buildinqs Saifabad, T.S.,Hvderabad.

2. The Assistant Director of tVines and Geology, Warangal, Warangal District' 3 Ihe Tahsildar. Warangal. Warangal District. 4 One CC to SRI SANJEEV REDDY G|LLELA Advocate IOPUCI 5 Two CCs to GP FOR IVINES AND GEOLOGY ,High Court for the State of 6. Two CD Copies Telangana at Hyderabad [OUT] B I\4 BS 9F HIGH COURT DATED:2310912025 ORDER WP.No.28811 o12025 'J ? 1 _:) 4 tr- 'ad * a ?, \ ( * H crH DISPOSING OF THE WRIT PETITION WITHOUT COSTS A (1{- \x aY