tr//s Sandiya lnternational Granites v. The State of Telangana

Petition under Article 226 o'f 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 Order or direction more particularly one in the nature of Writ of N,landamus declaring the inaction of the respondents No. 2 to 4 mainly the respondent No.4 who issued the present impugned notice vide Letter No. 5791Q112007, dated '10-10-2025 for conduct survey in partial instead of comprehensive survey as per the letter vidt.' Lr. 5791Q112007 Dated. 14-1 1-2013, and without providing the record of Pre- Quarry levels of hill lock for the subject leased hill is illegal arbitrary and against the Principles of Natural Justice and violative of Article 14 and 21 of Constitution of lndia consequently / meantime direct lhe respondent No.2 and 4 forthwith unable to E-Trance to lssue dispatch permits to the Petitioner by unblocking the (1) lD No.201 1090146, extent of lease area2.00 Hect., lease period2T-08-2009t<t27-08-2029,(2) 2011090147, extent of leased arca 2.27 Hect, leased period 28-08-2009 to 27 -08-2029, (3) 2O11090148, extent of leased area 1.00 Hect., lease period 28-08-2009 Io 27 -08- 2029, (4) lD No.201 1090352, extent of leased area 2.00 Hect, lease period 12- 10-2010 to 11-10-2029, & (5) lD No.201 1 100359, extent of leased area 5.30 Hect., lease petiod O4-O2-2010 to 03-02-2030 in Sy No 596 of Nagulamalyala Village Kohapally \4andal Karimnagar District during the subsistence of lease period as per the orders pleased to passe:d by the Hon'ble court vide W.p.No, 25628 of 2025 daled. 17.09.2025 and collect of normal seigniorage fee and pass lA NO: 1 OF 2025 Petition und€rr S;ection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 and 4 forthwilh unable to E-Trance to issue dispatch permits to the Petitioner by unblocking the (1) lD No.201 1090146, extent of lease area 2.00 Hect., lease period 27-08-2009 to 27-08-2029, (Z) 2011090147, extent of leased area 2.21'Hect, leased period 28-08-2009 to 27-08-2029, (31 2011O9O148, extent 0f leased area 1.00 Hect., lease period 28-08-2009 to 27-08- 2029, (41 lD No.201 1090352, extent of leased area 2.00 Hect, lease period .12- 10-2010 to 11-10-2029, 86 (5) lD No.201 1 100359, extent of leased area 5.30 Hect., lease geriod O,l-02-20'10 to 03-02-2030; in Sy No 596 of Nagulamatyala Village Kohapally Mandal Karimnagar District while collecting of normal seigniorage fee and p;rss lA NO: 2 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 stay the operation of impugned notice vide Letter No. 579le1l2oo7, dated 10-10-2025 issued by the respcndent No.4 to conduct the partial survey rnstead of comprehensive survey as per the letter vide Lr. 57gle1l2OOl Dated_ 14-1.1-20i3 pending disposal of ther above writ petition and to pass Counsel for the Petitioner(s):SRl. G L NARASTMHA RAO Counsel for the Respondent's No's 1 TO 4 : cp FOR MINES AND GEOLOGY The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.31774 of 2025 ORDER: Heard Mr.K.S.Murthy, learned senior counsel representing Mr.G.i..Narasimha Rao, learned counsel lor the petitioner and learned Go.zernment Pieader for Mines and Geologr appearing on beha,lf of respondents. Witl'r 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 pfayer: "...declaring the inaction of the respondents Nos.2 to 4 rnainLg the respond-ent No.4 whcl issued the y.tresent impu-clned notice uide Letter No.579/Q1/2007 dated 1O.10.2025 for coruluct surueA in partial instead of comprehensiue surueA as per the letter uide Lr.No.579/ Ql/ 200'7 Dated 14.1 1.2013 and uitl'Lout prouiding the recorti of Pre- Quarry leuels of hill lock for tLrc subject Leased hill is illegal ctrbitr ary and against the Hnciples o.f Natural Justice and uiolatiue of Articles i 4 and 2 1 of Constitution of India consequentlg / meanlime direct the responclent No.2 and 4 forth,---iLh unable to E- Trance lo issue dispatch perrnits to the Petitioner by unblocking the 1)ID No 2011090146 extenl of lease area 2-OO Hect lease peiod 27.08.2009 to 27.08.2029 2)2011O9O147 extent of leased area 2- 2'/ Hect leased. perioC 28.08.2009 to 27.O8.2029 3)2O1109O148 extent of leased arect 1-OO Hect lease period 28.08.2009 to 27.08.2029 4)ID No.2Ol1O9O352 extent of leased area 2-CO Hect lease pedocl 12.10.2O10 to 11.10.2029 and S)tD No.2O711OO359 extent of leased area 5-30 I Iect lease peiod 04.02.2010 to 03.02.2O3() in Sg No.596 o,f NaqulamaLgaltt Village, Kohapally N[andal, I { ) --! Kaimrt-aqar Distict during the sub peic;d as per the orders pLeased. t Honble court utde W.p.No.2562B 17.09.20 25 and colLect of normal seignioraqe fee slstence of lease o' passed bg the of 2Ct25 dated

3. Mr.K.S.Murthy, learned senior counsel appearing on behalf of Mr:.G.L.Narasimha Rao, lean-rccl counsel for the petitioner would submit that the facts in the present case and the facts in W.P.I'1o.25628 of 2025,"vhich was disposed of by this Court on 11' .O9.2O25 are one ar-rd the same zrnd the present writ petition is filt:d in continuation to the non-compliance of the orders passed in w.p.No.25628 of 2025 and draws attention of this Court to the relevant paragraph of the said order u.hich is extracted for rr:ference: "9. Since, the demand notices haue olread_g been set aside' by this Court in W.p.Nos.9 j47 oJ-2025 and batch dated 02.07.2025, tLrc petitioner Jirm rnag pag normal .;eignorage charges along u..tith applicable statutory charges to the extent of thet mineral excauated. Once the petitioner pays the saicl charges, the respc'ndent authoities shall unblock thtz fiue IDs uiz., i) 2011090146 ii) 201j0s0147 iii) 20rlog7j4| and iu) tt011O9O3S2 and u) 2O111OO3S7 ttnd. issue dispatch permits allowing the petitiotner to tra.nsport tlte mateial and take appropriate steps in accord_ance to Law for further course of action. Tlte resplnjsn| authoities are further directed to d,ispose of the representotion of the petitioner d.ated 20.08.2O25 for the purpose of conduct of re suruey utithin a period, of J four (4) weeks from the date of receipt of a copg of this order.

10. Accordinglg and with the consent, this tuit petition is disposed of." 4 . Learned senior counsel submits that the present writ petition is filed for non-compliance of the orders in W.P.No'25628 of 2025. Learned senior counsei - submits that the Assistant Director of Mines and Geologi (FAC), Karimnagar has addressed a letter to petitioner on 1O. lO .2025 requesting to attend for re survey for DGPS/ETS Survey. The said request was made in terms of the directions given by this Court on O2.O7.2025 and on the basis of Memo dated 03.O9.2025 ftom the Director of Mines ald Geologr, Hyderabad. The petitioner was requested to attend the DGPS/ETS re-survey on 17.lO 2025 at 10.00 AM with all the connected recorcls. Learned senior counsel further submits that on the said date petitioner could not attend the survey and the sarne was informed to the Assistant Director- Mines and Geolory and sought to deier the scheduled survey until the inter-district boundary dispute is lawfully resolved through the prescribed procedure. 4 .l . Learned senior counsel submits that earlier on

09.O7 .2025, the petitioner addressed a letter to Assistant \ 4 Director of .Mines ar-rd Geologr, Karimnagar requcsting to provide details of pre quarry levels to determine the exact quantity of material quarried a,d also requested to provide the releva,t survcy data oi-reports. However, the respondent authorities have not providerl rsuch details till date and that unless and until a joint survev and bifurcation are duly conducted along with Tahsildars and Surveyors as per letter dated 14.11.2013 and boundaries are fixed and pre-quarry levels of hillock (length ald height) are provided, it is not feasible to proceed further in compiiance of letter dated 10.10.2025.

4.2. I-.earned senior counsel further submits that the subject lancl is having common boundaries with two maldals ald tu,o disrrir;ts and unless proper survey is done, it ,,l.ould be difficult to asc.rtain the exact qua,tity of matcriai being quarried and that unles;s a proper survey is done, defining the extent of boundarics, the petitioner could not respond to the demand of the responclent authorities. Learned senior counsel further submits that r:spondent authorities have empanelled surveyors, but the said empanelled surveyors would not give required information, wlthout which, the petitioners cannot ascertarn the demar-rd to be paid by the petitioner as per the lease agreement. Learned senlor counsel further submits that if there is a jornt ) inspection, petitioners may be enabled to join in the said joint inspection in correlation with the schedules mentioned in the lease agreement and in that regard, respondent No.2 may be directed to undertake a joint survey a.long with the petitioners.

4.3. Learned senior coltnsel further draws attention of this Court to the communication daled 17.07.2025 addressed by respondent No.4 to respondent No.2 annexed along with the counter affidavit of respondent No.4 whereby respondent No.4 requested to enable the e-trans option of blocked IDs of the 5 quar'ry ie4ses ol the pqtitioner, in the Department Web Portal. Thereafter, another letter \\ras issued on 20.O9 .2025 bir respondent No.4 to respondent No.2 requesting to enable the 5 quarry leases held by the petitioner, as per order of this Court in W.P.l{o.25628 of 2025 daLed 17.O9.2025.

5. Learned Government Pleacler for Mines and Geologr appearing on behalf of respondents, on rnstructions, would submit that now the matter is pending before respondent No.2 and that respondelrt authorities a-re ready [o conduct re-survey of the sr-rbject lzrnds which has been leascd out to the petitioner for the purpose of mining 6 6 Hear<l learned counsel on either side and peru secl the material on record

7. In thilt view of the matter, since respondent No.4 has already cornr:-runicated to respondent No.2 with regard to unblocking of (5) quarry lease IDs uiz., ID Nos.i) 2011090 146 ll21llO9O117 iii) 20ttOgOl4B and ir) 20ttOgO3S2 and v)201 1 1003t;9 let the said (5) quar'ry iease IDs be unblocked and dispatch per-mits be granted by the respondent authorities to the petitioners \\,ithi. a periocl of tvrro (2) weeks from the date of receipt of a co1>v of this order and the petitioner shali pay normal seignorage charges aiong with applicable statuton/ charges to the extent of mineral excavated. It is also clarified that l-espondent No.2 is direcr ed to conduct a joint inspection along lr,ith petitioner b1' putting a 1S days prior notice to the petitioners and after conducting joint inspection, the respondent authorities sl-rall give all the relevant material papers enabling the petitioner to discharge their liability on the subject qLrarry lease. It is made clear rhat. for- t lre purpose of re-surve5,, if the petit ioner seeks an.r information lbr further course of action, respondent authorities may furnish the same. The petitioner is at iibertv Lo file objections to rh,_. Joint inspection report, if any. 7

8. Accordingly and with the consent, this writ petition is disposed of. Miscellaneous applications, if aly pending, shall stand closed. No order as to costs. //TRUE COPY// SD/. B.REKHA RANI ISTANT REGISTRAR OFFICER To, 1 The Principal Secretary lndustries and Commerce Department Dr B R Ambedkar Secretariat,-State of Telangana, Hyderabad

2. The Director of Mines and Geology, Hyderabad 3. The Deputy Director of lt/ines And Geology, Warangal Telangana State' 4.TheAssistantDirectorofMinesAndGeology,KarimnagarTelanganaState 5. One CC to SRl. G L NARASINIHA RAO Advocate [OPUC]

6.TwoCCstoGPFoRtvllNESANDGEoLoGY,HighCourtfortheStateof Telangana. [OUT]

7. Two CD CoPies ASV BSR 'r HE li l"1 o t?\,.*'/. '..1/ * 3c stilffi o/, ..4']. .ri ,t t, t;) -,i HIGH COURT DATED'.2811012025 ORDER WP.No.31774 ot 2025 WRIT PETITION TS DISPOSED OF \I/ITHOUT COST 9o