Disposed

M/s Divi Metal Industries v. State of Telangana

Telangana HC21 Sept 2022WP/903/2018

Case brief

AI extract

What is this about?

Mineral lessees challenged seigniorage demands and sought proper assessment on excavated and dispatched minerals. The court upheld the requirement that authorities charge and compute the fee under the governing law after notice to lessees. It dismissed the writ appeals and allowed the writ petitions on those terms.

What did the court decide?

Writ petitions allowed in terms of the single judge's decision requiring lawful charging and computation of seigniorage fee with notice to lessees; writ appeals dismissed.

M/s Divi Metal Industries Vs State of Telangana — Mining and Natural Resources | Telangana HC (2022)

¶1

[^32s51

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

WEDNESDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

¶4

PRESENT

¶5

THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HON'BLE SRI JUSTICE C, V. BHASKAR REDDY

¶6

WRIT APPEAL Nos.33 't 65 219 222 248 of 2OO7 1334

¶7

l37l of2006r

¶8

WRIT PETITION Nos.2,1997 of 2001 2101 of2003 20119 209t4 20944 2{006 of 2009 23853 of20l3 35749 of 2015 1758r 17630 l807tt 269t3 -1053{t -r()539 3059 r 30599 30604 of20l6 ,1801 tti08 33-155 -l I 56,1 of 20I 7 903 r9882 19899 24595 of20l8 l3l5 of20l9 9881 9914 I 1739 and 29662 of 2021

¶9

WA NO: 33 OF 2007

¶10

Writ Appeal under clause 15 of the Letters Patent preferred against the order dated 20-9-2006 in WP No. 14077 of 2006 on the file of the High Court.

¶11

Between:

¶12

The Government of Andhra Pradesh, rep by Secretary,, lndustries & Commerce Department, Secretariat, Hyderabad 2. The Director of Mines and Geology, BRKR Bhavan,, Bth Floor, Tank Bund Road, Hyderabad 3. The Assistant Director of Mines and Geology,, Hyderabad ...A''ELLANTS

¶13

AND

¶14

¶15

M/s. Rock Sand Minerals, rep by Joint lt4anaging Director,, P. Purnachand S/o Sri Venkateswara Das R/o. 203, Vijaya Enclave, Plot No. 32 Srinagar Colony, Hyderabad

¶16

...RESPONDENTS

¶17

Counsel for the Appellants: SRI A. SANJEEV KUMAR,

¶18

SPECIAL GOVERNMENT PLEADER Counsel for Respondent: SMT. N. SHOBA

¶19

WA NO: 165 OF 20( '

¶20

Writ Appeal under c )use 15 of the Letters Patent preferrecl :he order dated 20-92006 in WP No. 490 f 2000 on the file of the High Court

¶21

Between:

¶22

The Asst. Dire tor of Mines & Geolgoy, Hyderabad

¶23

...APPELLANT/ RE iPONDENT NO. 5 IN WP

¶24

AND

¶25

Progressive C, nstruction Company,, H.No. 6-3-841 oI'/t-, B-2. F.1 Ameerpet, Hyderabad- 16 Rep. by its Managing Partner, Sri. A. Vijaya r.T.ilirroou*r,

¶26

PETITIONER IN WP

¶27

The South Cer ral Railway,, Rep by its General managrlr, Railway Nilayam, Secunderabad

¶28

The Chief Proj, ct Engineer,, The South Central Railwa)i, Rail Nilayam, Secunderabad

¶29

The Divisional :ngineer (West),, Secunderabad Divsior, The South Central Railway Secun erabad.

¶30

The Senior Div ;ional Accounts Officer,, Secunderabad D ivision, The South Central Railwa' Secunderabad.

¶31

(Respondents. to 5 are not necessary parties in this Agrpeal)

¶32

"'RE.P.N,)EN'./RESP.NDENTS l.A. No: 1 oF 2o0z(v\ \MP. No: 2zB oF 2oo7l Petition under iection 151 CPC praying that in the circumstances stated in the affidavit filed i, support of the petition, the High Court may be pleased to suspend the operatio of the common order in WP No. 490/2 )00 & batch, dt. 209-2006, pending disp sal of the Above Writ Appeal.

¶33

Counsel for the Appe lants: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLE'.IIER FOR GP FOR INDUSTRIES & COMMEIRCE

¶34

Counsel for Responc rnt No. 1: SMT. N. SOBHA

¶35

Counsel for Respono Int Nos. 2 to 5: SMT. C. V. VINITHA REI)DY

¶36

WA NO: 219 OF 2oo7

¶37

Writ Appeal under clar ;e 15 of the Letters Patent preferred agrainst the order made in W.P.No.6874 of 200 dated 20.09.2006. on the file of the High Court. Between:

¶38

1 . The Govt of r. P., Rep by it's secretary, lndustrie s and Commerce Department, Seretariat, Hyderabad. 2. The Director of [t ines & Geology, Hyderabad.

¶39

¶40

3 The Asst. Director of, lvlines & Geology, Vijayawada

¶41

...APPELLANTS/ RESPONDENTS IN WP

¶42

ANt)

¶43

M/s. Madhucon Projets Ltd.,, rep.by it's Vice President(F&A) S.Vaikuntanatham S/o. V. Suriyanarayanam, R/o. Dwaraakpuri colony, Sai Temple street' Panlasutta'Hvderabad

¶44

r.t[r,3fi3l?*.Uu.J

¶45

Counsel for the Appellants: SRI A. SANJEEV KUMAR, SPECIAL,GOVERNMENT PLEADER FOR GP FOR INDUSTRIES & COMMERCE

¶46

Counsel for Respondents: SMT. N. SHOBA

¶47

WA NO: 222 OF 2007

¶48

Writ Appeal under clause^'15 of the Letters Patent preferred against the Order dated 20-9-2006 in WP No. 13746 ol 2006 on the file of the High Court.

¶49

aetweehl

¶50

Government of Andhra Pradesh rep., by its, Secretary,^. lndustries & Commerce Department, Secretariat, Hyderabad.

¶51

The Assistant Director of Mines and Geology,, Nallakunta, Hyderabad.

¶52

....APPELLANTS/

¶53

RESPONDENTS IN WP

¶54

AND

¶55

M/s.Jyothi Constructions rep., by its Partner, R.Laxma Reddy, slo Bal Reddy, r/o Flat No.503, C.Block, H.No.1-1-770lA, Vishnu Residency, Gandhinagar, Hyderabad

¶56

....RESpoNDENT/wRrr^pETrroNER

¶57

The Deputy Chief Engineer, South Division,, Kareemnagar.

¶58

The Senior Divisional Engineer, Co. Ordination,, Hyderabad Division, Secunderabad.

¶59

(Respondents 2 & 3 are not necessary parities in thislA/riftfif3,flJ.ro"r=*r.

¶60

Counsel for the Appellants: SRI A. SANJEEV KUMAR,

¶61

SPECIAL GOVERNMENT PLEADER FOR GP FOR INDUSTRIES & COMMERCE

¶62

Counsel for Respondent No. 1: SMT. N. SHOBA

¶63

Counsel for Respondent Nos.2 & 3: SMT. C. V. VINITHA REDDY

¶64

¶65

WA NO: 248 OF 2OC^'

¶66

Writ Appeal under cl use 15 of the Letters Patent preferrec i)(ta nst the order dated 20-9-2006 in WP No Z178Bl2OO2on the file of the High Court

¶67

Between:

¶68

Government f Andhra Pradesh, Rep. by its Se,cretary, lndustries & Commerce De^,1., Secretariat, Hyderabad.

¶69

The Director^, f Mines & Geology, Bth Floor, BRKR Bhavar , Tank Bund, Hyderabad.

¶70

The Dy. Direct r of Mines & Geology,, Hyderabad.

¶71

The Asst. Dire, tor of Mines & Geology, Nalgonda, Nalgrrrda O.Llflr=..o*r.

¶72

AND

¶73

M/s. Siddardh; Constructions (P) Ltd.,, Rep. bys its Man:Lging Director, N. Surrender Bab S/o. Janardhan Rao, Hindu, aged 49^y'rs R/o. Visakhapatnan ....RESPONI)I:NT/ WRIT PETITIONER

¶74

South Central I ailway , Rep. by its Divisional Engineer, llouth Division. Co. ffdination,^Ser rnderabad.

¶75

The Senior Div ;ional Accounts Officer, South Central, Flz ilway . Secunderabad

¶76

(Respondents . & 3 are not necessary parties in this V/rit Appeal)

¶77

counsel for the App, llants: sRl A. SANJEEV KUMA'S,ttto''l)E:NTS/RESP.NDENTS SPECIAL GOVERNMENT PLEAT)E:R FOR

¶78

GP FOR INDUSTRIES & COMM!ltlE

¶79

Counsel for Respont rnt No.^'l: SMT. N. SHOBA

¶80

Counsel for Respont -.nt Nos. 2 & 3: SMT. C. V. VINITHA RE:trOY

¶81

WA NO: 1334 OF 200

¶82

Writ Appeal under clar se 15 of the Letters Patent preferred a5rainst the order dated 20.09.2006 in WP No. 4030 of 2006 on the file of the High Crrrrr

¶83

Between:

¶84

The Govt of A.f , rep. by its Secretary,, lndustries & Con nrerce Department,

¶85

Secretariat, Hyd :rabad.

¶86

The Director of Mines and Geology, A.P.,, BRKR Bhavaa, Bth floor, Tank Bund Road, Hyc -.rabad.

¶87

The Assl Direct r of ltlines and Geology,, Hyderabad.

¶88

..APPELLANTS/

¶89

IIE,SPONDENTS IN WP

¶90

AND

¶91

Rank Silicon Pri ate Ltd.,, rep. by its Managing Director llri S.A N Raju, S/o Sri Sitarama Ra1 r, R/o.Plot No-286, Vivekanandanagar Co ony, Kukatpally, Hyderabad.

¶92

¶93

...RESPONDENT/WRIT PETITIONER

¶94

Counsel for the Appellants: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLEADER FOR GP FOR INDUSTRIES & GOMMERCE

¶95

Counsel for Respondent: SRI M. BHARAT CHANDRA, COUNSEL FOR SRI SRINIVASA RAO BODDULURI

¶96

WA NO: 1371 OF 2006

¶97

Writ Appeal under clause 15 of the Letters Patent preferred against order dt.20-092006 in W.P.No.5756 of 2OO4 on the file of the High Court.

¶98

Between:

¶99

'l . The Government of Andhra Pradesh represented byits, Secretary, Industries and Commerce (M-1) Department, Secretariat, Hyderabad.

¶100

The Director of Mines & Geology,, A.P., Hyderabad.

¶101

The Dy. Director of Mines & Geology,, Samrat Complex, 2nd Floor, Saifabad, Hyderabad.

¶102

Tho Asst. Director of Mines & Geology,, Samrat Complex, 2nd Floor, Saifabad' Hyderabad'

¶103

...AppELLANrs

¶104

AND

¶105

Robo Silicon Private Limited, 19, Sri Krishna Devaraya, nagar, Yellareddyguda, Hyderabad, represgnted by its M.D.Sri C.V.Subba Rao. ...RESPONDENT

¶106

Counsel for the Appellants: SRI A. SANJEEV KUMAR,

¶107

SPECIAL GOVERNMENT PLEADER FOR GP FOR INDUSTRIES & COMMERCE

¶108

Counsel for Respondents: SRI M. BHARAT CHANDRA, COUNSEL FOR SRI SRINIVASA RAO BODDULURI

¶109

WP NO: 24997 OF 2001

¶110

Between:

¶111

M/s. Siddardha Constructions (P) Ltd.,, Rep. by Managtng Director N. Surender Babu, S/o.Sri Janardhan Rao, Hindu, Age 47 years, R/o Visakhapatnam ...PETITIONER

¶112

AND

¶113

1 The Government of Andhra Pradesh,, Rep. by its Secretary, lndustries & Commerce Department, Secretariat, Hyderabad.

¶114

2 The Director of Mines and Geology,, B.R.K.R. Buildings, Tank Bund Road, Hyderabad.

¶115

3 The Asst. Director, Mines & Geology, Nalgonda District

¶116

...RES'.NDENTS 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 toto issue a Writ of Mandamus or any other appropriate writ, order or

¶117

¶118

direction, declaring he G.O.Ms.No.33'1 , lndustries &^{(lomrn:rce (M.l)} Department dt:21-6-2000 to the ?xtent of inclusion of Road Metal/8allas. at S No.(3) scheduJe I to Rule 10 as Mir )r Meneral as arbitrary, illegal, unlust, u n r:on stitutiondl and in applicable.

¶119

Counsel for the Pet tioner: SMT. N. SHOBA

¶120

Counsel for Respo dents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENI PL-t:lrDER FOR GP FOR INDUSTRIES & COMIVI=RCE

¶121

WP NO: 2401 OF 2C t3

¶122

Between:

¶123

M/s LIMAKS )MA (Joint Venture), Rep Byl ts / \uthor ised Signatory P.Venkataran riah S/o P.Bhushaiah, Aged about71 yea^'s. Hyderabad. ...PETITIONER

¶124

AND

¶125

1.^;l-he Govt of A.^).,, Rep By lts Secretary., lndustrie:; & Co-nmerce Dept., Secretariat, H1 lerabad.

¶126

The Director o Mines & Geology.,Govt. of A.P, Hyrler,alrz d. Andhra Pradesh.

¶127

The Deputy Di -"ctor of Mines & Geology.,, kakrnaoa, i:irs t Godavari District.

¶128

The Asst. Dire, tor of Mines & Geology.,, Eluru, W.G.fti:,t 5. National Highu lys Authority of lndia.,, Rep By lts^(lene.;I Manager & Project Director'' Raja mundry'

¶129

...RES'.N'ENTS

¶130

Petition under Article 226 of the Constitution ol lnd a praying that in the circumstances stater in the affidavit filed therewith, th,-' lligh^(lourt may be pleased to issue an c der or Writ one in the nature of Writ r;{ ['4andamus declaring the action of the res^,ondents in demanding payment cf se:ir;rriorage fee on the quantity of Metal( prc )essed mineral) soil, gravel supplied whan the unprocessed mineral has sufferer seigniorage fee prescribed as per Iiule 10 of Andhra Pradesh Minor Mir eral Cioncession Rules, 1966. as arbrtrary, illegal, unconstitutional and' onsequently direct the respondents t,> asbess and collect seigniorage fee on tl e excavated and dispatched Mineral; as per Rule 10 of A.P.M.M.C.Rules, 19f i

¶131

l.A. NO: I OF 2003(W 'MP. NO: 3158 OF 2003)

¶132

Petition under { ection 151 CPC praying that in the cirr;t r-nstarrces stated in the affidavit filed in su^,port.of the petition, the High Court nray be pleased to stay the collection of seigr iorage fee from the petitioner or the lrasis of volumetric

¶133

¶134

analysis on the Metal (processed Mineral) soii/Gravel used for rhe execution of the Work by the petitioner pending disposal of the above W.p Counsel for the petitioner: SMT. N. SHOBA

¶135

Counsel for the Respond"rq,S!ln. SANJEEV KUMAR, :iEgt3l^{GoVERNMENT PLEADER} FoR GP FOR INDUSTRIES & COMMERCE

¶136

WP NO: 20i19 OF 2009

¶137

Betweenr

¶138

Hyderabad.Robo Silicon Private Limited, ptot # .107_A Road # 72, Jubitee Hiils, AND ...PETITIONER

¶139

AND

¶140

The Government of Andhra_prlg::1, R".p.by.its Secretary, lndustries & 2. p*[,i:ylX;,i,p.?f^{[H:1;:;:1":u:l#.i?i*,p,"a",n,} 3. I?:"?o;'ol"""r^{of Mines & Geologv,samrat comptex} ,^{2nd Froor,} saifabad,

¶141

IiE**o?'*ttor^{of Mines & Geologv,samrat comptex,2nd Ftoor,} saifabad,

¶142

Petition under Articte 226 ot the Constiturion of tndia ,.r;ff:[:i",,fl;: crrcumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ order or direction more particuarrry one in the nature of writ of Mandamus decraring the action of the respondents in fixing different rates of seigniorage fee per unit based on volumetric and weight without regard to the specific gravity of the mineral and there by penalizing those opting to pay weight method by charging higher rate of Seigniorage fee, as being irrational, arbitrary and discriminatory and contrary to the provisions of the Mines and Minerals (Development and Regulation) Act 1957 and A.P. Minor Mineral Concession Rules, 1966 and consequently direct the respondents to fix the rate of Seigniorage fee per unit by weight, based on the specific gravity of the Mineral

¶143

l.A. NO: 1 OF 2009(WPMP. NO :26245 OF 2009)

¶144

Petition under Section 151 CPC^praying that^{in the circumstances statedin} the affidavit filed in support^{of the petition,the High court may be pleased direct} the respondents herein to collect^{the Seigniorage fee on the rough stone/boulders} on weight basis by adopting^{specificgravity of 2.64 per MT. for conversionfrom} cubic metric in respect of rough stone/boulders

¶145

¶146

oner:^{SRI B. ADINARAYANA RAO' SEt'llOR COUNSEL} Counsel^{for the Peti} FOR^{SMT. G. JHANf,}

¶147

Counsel^{for ResPor lents} ' 1$S,1tt5#{-'ffift^PLEAD-ERFoR dp?6n^{rnousrRlES& coMlrl:RcE}

¶148

WPN^O:209 1 4(U-F i )09

¶149

Between:

¶150

1 M/s.^Rock and Minerals,^Rep !y^{its .Joint |V anaging..Director, P.} /o sri Venkateswara^{uas, io viJ'ivo jizo5 ViiayaEnclave,} PurnachandPlot No.^{32' f} 'inagar Colony, HyderaDao ...PETIT|oNER

¶151

AND

¶152

ant of Andhra Pradesh,,^{rep by its Secr?lary'lndustries&} 1. The^Governr Commerce^f 2. The^Director fnng:t":U""":t?1,^{E[1"*tf,3;"nt]tr floor, rankBund} Road,^HYder rbad. 3. Ttre^AsstDi :"ciJi of^{Mines andGeology,,Hyderabad'} ...RE.'.NDENTS

¶153

Petition^unr :r Article^{226 of the Constitution of ln jia praying that in the} circumstances^sti :ed in the affidavit^{filed therewith, th': High Courtmay be} an order or^{Writ one in the nature cf writ of Mandmaus'} pleased to issue declaring the^actit n of the 3rd respondent^{in Notice No. I'483/M3/1998 dt 12-8-} 2009 is arbitrarYⁱ egal, unjust and^{u nconstitutionaland n violation of A P' Minor} Mineral Concess rn Rules.¹ 966 and Mines and^{Mln srals (Development&} Regulation) Act^' 157 and consequently call for the^{recrlrdsand set asidethe} same

¶154

l.A. NO: 1 OF 200 PMP. NO: 27221 OF 2009 Petition un er Section 151 CPC praying that in tha circumstances stated in the affidavit fil :d in support of the petition, the Higlr Court may be pleased suspend the Pror :edings in Notice No 3483/M3/1998 dt. 12-8-2009 of the 3rd respondent (Assi tant Director of Mines and Geology) p ending disposal of the above writ petitio in the interests of justice. Counsel for the F rtitioner: SMT. N. SHOBA

¶155

Counsel for Resp rndents: SRI A. SANJEEV KUMAR, SPEcIAL GOVERNMENT p_t:ADER FoR GP FOR MINES AND GEoLo{iY

WP NO: 20944 OF 2009

Between:

M/s Rank Silicon Private Ltd, rep by its Managing Director Sri S.A.N Raju S/o.Sri Sitarama, R/o Ralu Plot No 286 Vivekandanagar Colony Kukatpally'Hyderabad ...pErroNER

¶160

AND

¶161

1 The Government of Andhra Pradesh,, Rep. by its Secretary, lndustries and Commerce Department, Secretariat, Hyderabad:

¶162

The Director of Mines and Geology, 8th Floor, BRKR Bhavan, Tank Bund Road, Hyderabad.

¶163

The Asst. Director of Mines and Geology,, Hyderabad.

¶164

...RESPONDENTS

¶165

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased td issue an order or writ one in the nature of writ of Mandamus declaring the action of the 3rd respondent in Notice NO. 3483/M3/'t998 dt 12-08-2009 - is arbitrary illegal unjust and u nconstitutional and violative A.P:Minor Mineral Concession Rules, 1966 and Mines &Minerals (Development & Regulations) Act 1957 and consequently call for the records and set aside the same

¶166

l.A. NO: 1 OF 2009(WPMP. NO: 27253 OF 20091

¶167

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 suspend the proceedings in Notice No 3483/M3/1998 dt 12-08-2009 of the 3rd respondent (Assistant Director of Mines & Geology) Pending disposal of the above wp

¶168

Counsel for the Petitioner: SMT. N. SHOBA

¶169

Counsel for Respondents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLEADER FOR GP FOR MINES AND GEOLOGY

¶170

WP NO: 24006 OF 2009

¶171

Between:

¶172

Mis. Siddardha Constructions Pvt Ltd, Rep.b v^{its ManagingDirector,} N.Surender Babu,S/o. Sri Janardhan Rao aged 57 ears, R/o Hyderabad ...PETITIONER

¶173

AND

¶174

¶175

The Governr rent of Andhra Pradesh, rep.by its Sec'et:rny', lnlustries & Commerce I epartment Secretariat Buildings,Hyderab:rd

¶176

The Drrector Jf Mines & Geology, BRKR Bhavan,Bth Flc,cr,l ank Bund Road, Hyderabad

¶177

The Asst. Di -"ctor of Mines & Geology, Nallakunta, Hy,^jerrabad

¶178

,..RESPONDENTS Petition unc :r Article 226 of the Constitution of I'rrlia praying that in the circumstances sta ed in the affidavit filed therewith, the Hign Court may be pleased to issue a order or writ one in the nature of writ cf Mandamus declaring the action of the 3rd respondent in Notice No 3483/tl1i/'l 998, dt 12-08-2009 demanding to pay he seigniorage fee by weight without re Sard to specific gravity of the mineral as rrbitrary, illegal unjust and unconstitut cnal and in violation of A.P Minor Mineral loncession Rules 1966 and Mines & l nerals (Development& Regulation)Act^'19 7 and consequently call for the rec,:rds and set aside the proceedings in Nc ice No 3483/M3/1998, dt 12-08-2009 cf ,Assistant Director of Mines & Gelogy i rd direct the resiondents to collect t)y \fleight based on the speciflc gravity of he mineral and issue the permit for tl- e <;orrect weight as per the specific g ravity cf the material @ 1 cum/2.99 mt

¶179

I.A. NO: 1 OF 2009 WPMP. NO: 31 194 OF 2009)

¶180

Petition und rr Section 151 CPC praying that in the cir,lumstances stated in the affidavit filed i support of the petition, the High Court rrray be pleased direct the respondents h, rein to collect the seigniorage fee on tlre rough stone boulders on weight basis b^, adopting specific gartivity of 2.99 lvll , for Conversion from cubic meter in resl ect of rough stone boulders pending d s rosal of the above writ petition

¶181

l.A. NO: 2 OF 200! WPMP. NO: 31195 OF 2009)

¶182

Petition und rr Section 151 CPC praying that in the circun:stances stated in the affidavit f iled n support of the petition, the High C ourt may be pleased suspend the proc, edings in Notice No 3483/M3/1998 d 11l-08-2009 of the 3rd respo nde nt(Assist, nt Director of Mines and Gelogy)penclirll r:lisposal of the above writ petition

¶183

Counsel for the P, titioner: SMT. N. SHOBA

¶184

Counsel for the R spondents: SRI A. SANJEEV KUMATR SPECIAL GOVERNMENT F'[.EA.DER FOR GP FOR MINES AND GECI..I)GV

WP NO: 23853 OF 2013

Between:

M/s. Aparna Enterprises Limited,, Rep. by its Senior General Manager F & A, K. Govinda Rao, S/o. Late K. Jagannadha Swamy, Age 48 years, R/o HYderabad ...PETrroNER

¶189

AND

¶190

The Government of Andhra Pradesh, Rep. By its Principal Secretary, Industries & Commerce (M-l) Department, Secretariat, Hyderabad

¶191

The Dy. Director of Mines and Geology,, Nizamabad, Nizamabad District

¶192

The Assistant Director of Mines and Geology,, Medak, Medak District

¶193

...RESPONDENTS

¶194

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 lssue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not issuing transit passes urfder A.P. Mineral Dealer Rules, 2000 and in fixing different rates of qeigniroage fee per unit, based on volumetric and weight without regard to the specific gravity of the mineral and thereby penalizing those opting to^pay weight method by charging higher rate of seigniroage fee, as being irrational, arbitrary and discriminatory and contrary to the provisions of the Mines & Minerals (Development & Regulation) Act, 1957 and A.P. Minor Mineral Concession Rules, 1966 and consequently direct the respondents to fix the rate of seigniorage fee per unit by weight, based on the specific gravity of the Mineral

¶195

l.A. NO: 1 OF 2013(WPMP. NO: 29328 OF 2013)

¶196

Petition under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the petition, the High Court may be^pleased direct the respondents herein to issue transit passes by adopting specific^gravity of 2.64 per MT, for conversion from cubic meter in respect of rough stone / boulders procured by the petitioner company for transport of sand and aggregates, pending d isposal of the writ petition

¶197

Counsel for the Petitioner: SMT. N. SHOBA

¶198

Counsel for Respondents: SRI A. SANJEEV KUMAR,

¶199

SPECIAL GOVERNMENT PLEADER FOR GP FOR MINES AND GEOLOGY

WP NO:35749 OF 2015

Between:

M/s. LNS ln1 astructure, rep. by its Authorized SigrratonT, M. Srinivas Reddy, S/o Narayar Reddy, age 34 years, # 5-5-5-/D, P,cl No1, Near Sushma Theater, Var rsthalipuram, Hyderabad

¶204

...pETt,oNER

¶205

AND

¶206

State of Tela gana,, rep. by its Secretary, lndustries E,^'-)(lmmerce Department, iecretariat Buildings, Hyderabad

¶207

The Deputy I irector of Mines and Geology,,.Hyderabirc Telangana 3. The Asst. Dir ctor of Mines and Geology,, Nalgonda. ',1 :lgonda District Telangana

¶208

RESPONDENTS

¶209

Petition und('Article 226 of the Constitution cf lnd a praying that in the circumstances stal d in the affidavit filed therewith, th,: fligh Court may be pleased to issue an rrder or writ one in the nature of writ cf Mandamus, declaring the action of the 3r respondent in not collecting seignirc,rlle fee on the mineral on weight basis b^, adopting specific gravity of 2.6L F.e( Metric Ton after conversion from c bic meter to metric ton is arbitrary illegal, unjust and unconstitutional anc in violation of A.P. Minor Mineral Cc rcessir:n Rules, 1966 and Mines and Mine als (Development & Regulation) Act. 1957 and consequently direct the responder ts to collect seigniroage fee on the^,nrr {}ral on weight basis by adopting specific gravity of 2.64 per metric ton after ,;<,nversion from cubic meter to metric ton

¶210

l.A. NO: 1 OF 2015(l PMP. NO: 45940 OF 2015)

¶211

Petition undel Section 151 CPC praying that in the cir(:umstances stated in the affidavit filed in ;upport of the petition, the High^poul nray be pleased to direct the 3rd respor lent to collect the seigniroage fee on^r:f e mineral on weight basis by adopting st ecific gravity of 2.64 per metric ton :lter conversion from cubic meter to metr c ton pending disposal of the :rbovr: vrrit oetition in the interests of Justice.

¶212

Counsel for the Petil oner: SMT. N. SHOBA

¶213

Counsel for Responr ents: SRI A. SANJEEV KUMAR,

¶214

SPECIAL GOVERNMENT PLE:l..t)ER FOR GP FOR MINES AND GEOLOGY

WP NO: 17581 OF 2015

Between:

M/s. 8.N R. Stone Crusher,, Rep. by its Proprietor, B Nanda Reddy, S/o Sri Venkat Reddy, age 38 years, R/o # 1711138611/88, S.N. Reddy Nagar, Champapet, Vyshalinagar, Hyderabad

¶219

...pETt.oNER

¶220

AND

¶221

State of Telangana; rep. by its Secretary, lndustries, & Commerce Department, Secretariat Buildings, Hyderabad

¶222

The Deputy Director of Mines and Geology,, Hyderabad, Telangana

¶223

The Asst. Director of Mines and Geology, Hyderabad,

¶224

...RES'ONDENT'

¶225

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue an order or writ one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in not collecting seigniroage fee on the mineral on weighf basis by adopting specific gravity of 2.64 per Metric Ton after conversion from cubio meter to metric ton is arbitrary, illegal, unjust and u nconstitutional and in violation of A.P. Minor Mineral Concession Rules, 1966 and Mines and Minerals (Development & Regulation) Act, 1957 and consequently direct the respondents to collect seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metrii ton

¶226

l.A. NO: 1 OF 2016(WPMP. NO: 21603 OF 2016

¶227

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 direct the 3rd respondent to collect the seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton pending disposal of the above writ petition in the interests of Justice

¶228

Counsel for the Petitioner: SMT. N. SHOBA Counsel for Respondents: SRI A. SANJEEV KUMAR,

¶229

SPECIAL GOVERNMENT PLEADER FOR

¶230

GP FOR MINES AND GEOLOGY

¶231

¶232

WP NO: 17630 OF 2 1li

¶233

Between:

¶234

J. Ravinder R rju,, S/o J Jaipol, Age 41 years, Rlo #^(.-Bl2l1, Chandanagar, Hyderabad

¶235

..,PETITIONER

¶236

AND

¶237

State of Telar lana, rep. by its Secretary,, lndustries & C:ommerce Department, { 3cretariat Buildings, Hyderabad 2. The Deputy D^-ector of Mines and Geology,, Nizamabarc, Telangana 3. The Asst. Din :tor of Mines and Geology,, Medak. Merl; n ,,.t1,-"l.arro*o=*r"

¶238

Petition und€ Article 226 of the Constitution of lnd a praying that in the circumstances stat d in the affidavit filed therewith, th: High Court may be pleased to issue an crder or writ one in the nature of writ c,f Mandamus, declaring the action of the 3r I respondent in not collecting seigniroa 3e fee on the mineral on weight basis ly adopting specific gravity of 2.64 pil Metric Ton after conversion from r rbic meter to metric ton is arbitrar;, illegal, unjust and unco4siitutional an in violation of A. P. Minor Mineral Co rcession Rules, 1966 and Mines and Min rrals (Development & Regulation) Act, 1957 and consequently direct the respond{^,rts to collect seigniroage fee on the rn neral on weight basis by adopting specif : gravity of 2.64 per metric ton after r;onversion from cubic meter to metric ton

¶239

l.A. NO: 1 OF 2016 WPMP. NO:21659 OF 2016)

¶240

Petition und r Sectron 151 CPC praying that in the c rcumstances stated in the affidavit filed r support of the petition, the High Cot rt may be pleased to direct the 3rd resp rndent to collect the seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metric tor . after conversion from cubic meter to mel ic ton pending disposal of the above wri. petition Counsel for the P, titioner: SMT. N. SHOBA

¶241

Counsel for Resp ndents: SRI A. SANJEEV KUMAR,

¶242

SPECIAL GOVERNMENT Pl-l:ADER FOR GP FOR MINES AND GEOLCC,Y

¶243

WP No: 18078 or ![!!

¶244

Between

¶245

M/s. B N.R. Stone Crusher,, Rep by its Proprietor, E. Nanda Reddy, S/o Sri Venkat Re, dy, age 38 years, Rlo # 17111386/1tEB, S.N. Reddy Nagar, Champapet Vyshalrnagar. Hyderabad

,PETITIONER

AND

State of Telangana, rep. by its Secretary,, lndustries & Commerce Department, Secretariat Buildings, Hyderabad

¶250

The Deputy Director of Mines and Geology,, Hyderabad, Telangana

¶251

The Asst. Director of Mines and Geology,, Hyderabad

¶252

,..RESPONDENTS 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 an oider or writ one in the nature of writ of Mandamus, declarlng the action of the 3rd respondent in not collecting seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per Metric Ton after conversion from cubic meter to metric ton is arbitrary, illegal, unjust and unconstitutional and in violation of A.P. Minor Mineral Concession Rules, 1966 and Mines and Minerals (Development & Regulation) Act, 1957 and consequently direct the respondents to collect seigniroage fee on the mineral on weight basis by adopting specific gravrty of 2.64 per metric ton after conversion {rom cubic meter to metric ton.

¶253

l.A. NO: 1 OF 2016(WPMP. NO: 22206 OF 20161

¶254

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 direct the 3rd respondent to collect the seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metric ton aftei conversion from cubic meter to metric ton pending disposal of the above writ^petition in the Counsel for the Petitioner: SMT. N. SHOBA

¶255

Counsel for Respondents: SRI A. SANJEEV KUMAR,

¶256

SPECTAL GOVERNMENT P|EADER FOR GP FOR MINES AND GEOLOGY

¶257

WP NO: 26913 OF 2016

¶258

Between:

¶259

M/s. Sai Super Minerals Private Limited,, Rep. by its Managing Director, D. Ramachandra Reddy, S/o Hanumantha Reddy Age 71 years, Occ: Business, # 10-3-63, Teachers Colony, East Marredpally, Secunderabrd - r9.rar,r,or

¶260

AND

¶261

1 State of Telangana, rep. by its Secretary,, lndustries & Commerce Department, Secretariat Buildings, Hyderabad

¶262

z The Deputy Director of Mines and Geology,, Nizamabad, Nizamabad^District, Telangana

¶263

¶264

The Asst. Dir ctor of Mines and Geology,, Medak, Meiitk District, Telangana RESPONDENTS

¶265

Petition und, r Article 226 of the Constitution of lrdia praying that in the circumstances stal rd in the affidavit filed therewith, the lligh Court may be pleased to issue ar order or writ one in the nature of writ of Mandamus, declaring the action of the 3 J respondent in not collecting seignirca 3e fee on the mineral on weight basis y adopting specific gravity of 2.64 rcr [\4etric Ton after conversion from⁽ rbic meter to metric ton is arbitrary. illegal, unjust and unconstitutiona I an I in violation of A.P. Minor Mineral Co rcession Rules, 1966 and Mines and Min rrals (Development & Regulation) Act,^'l ]57 and consequently direct the respondr nts to c6llect seigniroage fee on the rn neral on weight basis by adopting specil : gravity of 2.64 per metric ton after^(ronveision from cubic meter to metric ton

¶266

l.A. NO:^'l OF 201O /VPMP. tr9: 33304 oF 2016)

¶267

Petition undr r Section 151 CPC praying that in the circum:;tances stated in the affidavit^f iled i support of the petition, the High Cc urt may be pleased to direct the 3rd resp ndent to collect the seigniroage fee o r lhe mrneral on wejght basis by adopting ;pecific gravity of 2.64 per metric ton after conversion from cubic meter to met c ton pending disposal of the above writ petitirn Counsel for the Pe itioner: SMT. N. SHOBA

¶268

Counsel for Respr rdents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLEADER FOR GP FOR MINES AND GEOLOIi T

¶269

WP NO: 30538 OF :016

¶270

Between:

¶271

M/s. Super Fine Sand,(Hyd) Ltd rep. by its M anagrng Director, G. Malakondaia r, S/o Kondaiah Chowdary, age 55 yee n;. Rio # 16-88/1 , Block B, Flat No.1 )1, Sri Laxmi Nilayam Road, No.3, Sri Krisl-nanagar Colony, Dilsukhnaga Hyderabad - 60

¶272

AND

¶273

...pETrroNER

¶274

State of Tela rgana, rep. by its Secretary, Industries 8^()ommerce Department, lecretariat Buildings, Hyderabad

¶275

2 The Deputy. irector of Mines and Geology,, Hyderabarl, Telangana

¶276

The Asst. Di rctor of Mines and Geology,,-Hyd'erabac , felangaia ...RESPONDENTS

¶277

¶278

Petition under Article 226 oI lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or writ one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in not collecting seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per Metric Ton after conversion from cubic meter to metric ton is arbitrary, illegal, unjust and u nconstitutional and in violation of A.P. Minor Mineral Concession Rules, 1966 and Mines and Minerals (Development & Regulation) Act, 1957 and consequently direct the respondents to collect seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton.

¶279

l.A. l.lot 1 OF 2016(WPMP. NO: 37792OF 20161

¶280

Pejition 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 direct the 3rd respondent to collect the seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton pending disposal of the above writ petition Counsel for the Petitioner: SMT. N. SHOBA

¶281

Counsel for Respondentsl SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLEADER FOR GP FOR MINES AND GEOLOGY

¶282

WP NO: 30539 OF 2016

¶283

Between:

¶284

M/s Super Fine Sand (HYD) Ltd, rep. by its' Managing Director, G. Malakondaiah, S/o Kondaiah Chowdary, age 55 years, R/o # 16-88/'1 , Block B, Flat No.201, Sri Laxmi Nilayam Road, No.3, Sri Krishnanagar Colony, Dilsukhnagar, Hyderabad - 60 ...PETITIONER

¶285

AND

¶286

1 State of Telangana, rep. by its Secretary, lndustries & Commerce Department, Secretariat Buildings, Hyderabad 2 The Deputy Director of Mines and Geology,, Hyderabad, Telangana 3 The Asst Director of Mines and Geology,, Hyderabad, ,u'"nn1.l3...oNDENrs

¶287

Petition under Article 226 of the Constitution of^{lndiapraying that in the} circumstances stated in the affidavit filed thefewith, the^{High Court may be} pleased to issue an order or writ one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in not collecting seigniroage^{fee on the}

¶288

¶289

mineral on weight t asis by adopting specific gravity of 2.(ju. oer Metric Ton after conversion from c rbic meter to metric ton is arbitra y, illegal, un.iust and u nco nstitutio nal an in violation of A.P. Minor Mineral Cr)ncessron RuleS, 1966 and lt/lines and tlinerals (Development & Regulatic n ) lrct, 1957 and consequently direct the respondents to collect seigniroage fee on the mineral on weight basis by ad ptf ng specific gravity of 2.64 per mertri<: ton after conversion from cubic meter to xetric ton

¶290

l.A. NO: 1 OF 2016( VPMP. NO: 37793 OF 2016

¶291

Petition undr - Section 151 CPC praying that in tre circurnstances stated in the affidavit filed in support of the petition, the High Cor rt may be pleased to direct the 3rd respr ldent to collect the seigniroage fee orr .ne mineral on weight basis by adopting pecific gravity o'f 2.64 per metric tc,n rfter :onversion from cubic meter to m( ric ton pending disposal of the at,cv.: wri' petition in the interests of J ustice Counsel for the Pe tioner: SMT. N. SHOBA

¶292

Counsgffor Respo rdents: SRI A. SANJEEV KUMAR SPECIAL GOVERNMENT PL:,\DEF FOR GP FOR MINES AND GEOLO(iv

¶293

WP NO: 30591 OF 016

¶294

Between:

¶295

M/s. Super^:ine Sand( Hyd) Ltd., rep. by its fVanag ng Director, G. Malakondaial , S/o Kondaiah Chowdary, age 55 yea s, tl/o # 16-88/1 , Block B, Flat No.2 1, Sri Laxmi Nilayam Road, No.:1, llri K.nshnanagar Colony, Dilsukhnagat Hyderabad - 60

¶296

...pETrroNER

¶297

AND

¶298

State of Telar gana, rep. by its Secretary, lndustries &⁽ ommerce Department, ;ecretariat Buildings, Hyderabad

¶299

The Deputy I ireclor of Mines and Geology,, Hyderabac^.felangana

¶300

The Asst. Dir^.ctor of Mines and Geology,, Hyderabad^' elangaha ..RESPONDENTS

¶301

Petition undr r Article 226 of the Conslitution of lr dia praying that in the circumstances stal rd in the affidavit filed therewittr, the ltigh Court may be pleased to issue ar order or writ one in the nature of wril of Manclamus, declaring the action of the 3r I respondent in nol collecting seignirca 1e fee on the mineral on weight basis I y adopting specific gravity of 2.64 per lvletric Ton after conversion from r rbic meter to metric ton is arbitra.l , illegal, unjust and u nconstitution al an in violation of A.P. Minor Mineral Concession Rules, 1g66 and Mines and Min rals (Development & Regulation) Act, 1){i7 and consequenfly

¶302

¶303

direct the respondents to collect seigniroage fee on the mineral on weight basio by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton

¶304

l.A. NO: 1 OF 2016(WPMP. NO: 37847 OF 2016

¶305

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 direct the 3rd respondent to collect the seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metiic ton after conversion from cubic meter to metric ton pending disposal of the above writ petition Counsel for the Petitioner: SMT. N. SHOBA

¶306

Counsel for Respondents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLEADER FOR GP FOR MINES AND GEOLOGY

¶307

wP NO.i30599 0F 20{6

¶308

Between:

¶309

M/s. Super Fine Sand (HYD) LTD., Rep by its Managing Director, G. Malakondaiah, S/o Kondaiah Chowdary, age 55 years, R/o # 16-88/1 , Block B, . Flat No.201, Sri Laxmi Nilayam Road, No 3, Sri Krishnanagar Colony, Dilsukhnagar' Hyderabad - 60

¶310

...pETrroNER

¶311

AND

¶312

State of Telangana, , Rep. by its Secretary, lndustries & Commerce Department, Secretariat Buildings, Hyderabad

¶313

The Deputy Director of Mines and Geology,, Hyderabad, Telangana 3. The Asst. Director of Mines and Geology,, Hyderabad, au,"nnl5arroNDENrs

¶314

. Petition under Article 226 of the Constrtutron of lndia praying that in the

¶315

circumstances stated in the affidavit filed therewith, tne Uigtr Court may be pleased io lssue an order or writ one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in not collecting seigniroage fee on the mineral on weight basis by adopting specific gravity of 2 64 pq Metric Ton after conversion from cubic meter to metric ton is arbitrary, illegal, unjust and u nconstitutional and in violation of A.P, Minor Mrneral Concession Rules, 1966 and Mines and Minerals (Development & Regulation) Act, 1957 and consequently

¶316

¶317

direct the responde rts to collect seigniroage fee on the nritteral on weight basis by adopting specifi^g ravity of 2.64^per metric ton after c:nversion from cubic meter to metric ton

¶318

LA. NO: 1 OF 2016( VPMP. NO: 37856 OF 2016)

¶319

Petition unde Section^'151 CPC praying that in the r,ircumstances stated in the affidavit filed in ;upport of the petition, the High Court rlay be pleased direct the 3rd respondent o collect the seigniroage fee bn the ntireral on weight basis by adopting specifi gravity of 2.64 per metric ton after c rnversion from cubic meter to metric ton rending disposal of the above writ pelit on in the interests of Justice.

¶320

Counsel for the Pet tioner: SMT. N. SHOBA Counsel for Respo dents: SRI A. SANJEEV KUMAR,

¶321

SPECIAL GOVERNMENT PLI:/\DER FOR GP FOR MINES ANO GEOLO(}'T

¶322

WP NO: 30604 OF ; )16

¶323

Between:

¶324

M/s. Super ine Sand (HYD) LTD., rep. by its Managing Director, G. Malakondaiat S/o Kondaiah Chowdary, age 55 years R/o # 16-88/1, Block B, Flat No.2( 1, Sri Laxmi Nilayam Road, No.3, Sr Krishnanagar Colony, Dilsukhnagar Hyderabad - 60

¶325

...pETrrroNER

¶326

AND

¶327

1 State of Telar lana,, rep. by its Secretary, lndustries &^(;ommerce Department, I ecretariat Buildings, Hyderabad. 2. The Deputy D rector of Mines and Geology, ,^{Hyderabad, Telangana.} 3. The Asst. Dirt :tor of Mines and Geology, N algonda, Te angana, - ...RESPONDENTS

¶328

Petition undr 'Article 226 of lhe Constitution of lnd a praying that in the circumstances stat d in the affidavit filed therewith, th,-. High Court may be pleased to issue ; n order or writ one in the nature t' writ of Mandamus, declaring the action cf the 3rd respondent in not collecting seigniroage fee on the mineral on weight t rsis by adopting specific gravity of 2.6t per Metric Ton after conversion from c rbic meter to metric ton is arbitrary illegal, unjust and unconstitution a I an, in violation of A.P. Minor Mineral Cor cessron Rules, 1966 and Mines and Vlinerals (Development & Regulat cn) Act, 1957 and consequently call d ect the respondents to collect seignirca3e fee on the mineral

¶329

¶330

on weight basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton

¶331

l.A. NO:1 OF 2016(WPMP. NO: 37861 OF 2016)

¶332

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 direct the 3rd respondent to collect the seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 pe( metric ton after conversion from cubic meter to metric ton pending disposal of the akiove writ petition Counsel for the Petitioner: SMT. N. SHOBA

¶333

Counsel for Respondents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLEADER FOR GP FOR MINES AND GEOLOGY

¶334

WP NO:.4801 OF 20'17

¶335

Between:

¶336

M/s. Sri Sai Metal lndustries, Rep. by its Managing Partner, Sri R. Ramulu, S/o R. Ankaiah, age 57 years, R/o # 126, Peda Amberpet, Kuntluru Road, Praja Gulumohar Gated Community, (Near Sai Baba Temple), * T..r?i",I3l,r*

¶337

AND

¶338

State of Telangana, rep. by its Secretary,, lndustries & Commerce Department, Secretariat Buildings. Hyderabad

¶339

The Deputy Director of Mines and Geology,, Hyderabad, Telangana

¶340

The Asst. Director of Mines and Geology,, Nalgonda, Telangana .

¶341

...RESPONDENTS

¶342

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 lssue an order or writ one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in not collecting seigniroage fee on the mineral on weight basis by adopting specific g ravity of 2.64 per Metric Ton after conversion from cubic meter to metric ton is arbitrary, illegal, unjust and unconstitutional and in violation of A.P. Minor Mineral Concession Rules, 1966 and Mines and Minerals (Development & Regulation) Act, 1957 and consequently direct the respondents to collect seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton

¶343

¶344

l.A. NO: 1OF 20 7(WPMP. NO: s!3X OE2017)

¶345

Petition ur ler Section 151 CPC praying that in the circumstances stated in the affidavit filed n support of the petition, the High Co rrt rnay' be^pleased direct the 3rd responde lt to collect the seigniroage fee on thc^-nineral on weight basis by adopting spe, ific gravity of 2.64 per metric ton aft':r conversion from cubic meter to melric tc r. pending disposal of the writ petition

¶346

Counsel for the I etitioner: SMT. N. SHOBA

¶347

Counsel for Resl :ndents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLE,ADER FOR GP FOR MINES AND GEOLf GY

¶348

WP NO: 4808 OF 1017

¶349

Between:

¶350

M/s. Sri Sai vletal lndustries, rep. by its Managing P,rrtner, Sri R. Ramulu, S/o R'Ankaiah age 57 years, R/o # 126, Peda Amberlret, Kuntluru Road, Praja Gulumohar iated Community, (Near Sai Baba TemPk:), * * O'rLl,F[r,r,o*.*

¶351

- AND

¶352

State of Tel ngana, Rep. by its Secretary, lndustries E Commerce Department Secretariat Buildings, Hyderabad 2. The Deputy )irector of Mines and Geology,, Hyderat ad. Telangana

¶353

The Asst. D ector of Mines and Geology,, Nalgonda, l elangana

¶354

.,.RESPONDENTS

¶355

Petition unt :r Article 226 of the Constitution of lr,lia praying that in the circumstances ste ed in the affidavit filed therewith, tlre Higr Court may be pleased to issue an order or writ one in the nature of writ of Mandamus, declaring the actio of the 3rd respondent in not collectin(l seigniroage fee on the mineral on weight rasis by adopting specific gravity of 2 64 per Metric Ton after conversion from ubic meter to metric ton is arbitrt rr, illegal, unjust and u nconstitutiona I ar i in violation of A.P. Minor Mineral Conr:ession Rules,^'1966 and Mines and lr,4inerals (Development & Regulati,)n) Act, 1957 and consequently call⁽ recl the respondents to collect sergnir,)irge fee on the mineral on weight basis y adopting specific gravity of 2.64 per rnetric ton after conversion from cu 'ic meter to metric ton.

¶356

l.A. NO: 1 OF 2017^(PMP. NO: 5840 OF 2017)

¶357

Petition und( r Sectaon 151 CPC praying that in thr; crrcumstances stated in the affidavit filec in support of the petition, the High Cor rt may be pleased to direct the 3rd respr tdent to collect the seigniroage fee or rhe mineral on weight

¶358

-])

¶359

basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton pending disposal of the above wril petition in the interests of Justice

¶360

Counsel for the Petitioner: SMT. N. SHOBA

¶361

Counsel for Respondents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLEADER FOR GP FOR MINES AND GEOLOGY

¶362

WP NO: 33355 OF 20'17

¶363

Between:

¶364

M/s Sri Thirumala Stone Sand Metal lndustry,, 17-1-386/88, S.N. Reddy Nagar Colony, Champapet, Hyderabad Rep. by its Proprietor Smt. B. Prabhavathi

¶365

...PETITIONER

¶366

AND

¶367

The State of Telangana, Rep. by its Principal Secretary,, lndustries & Qdmmerce^{Department, Secretariat Building, Hyderabad.} 2 The Deputy Director of Mines and Geology,, Hyderabad, Telangana. 3 The Asst Director of Mines and Geology, Ranga Reddy District, -

¶368

...RESPONDENTS

¶369

Petition under Article 226 of the Cortstitution 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 especially one in the Nature of Writ of Mandamus declaring the action of the 3rd respondent in not collecting seigniorage fee on the mineral on weight basis by adopting specific gravity of 2.64 per Metric Ton after conversion from cubic meter to metric ton is arbitrary, illegal, unjust and unconstitutional and in violation of A.P. Minor Mineral Concession Rules, 1966 and Mines and Minerals (Development & Regulation) Act,^'1 957 and consequently direct the respondents to Collect seigniorage.fee on the mineral on weight basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton

¶370

l.A. NO: I OF 2017(WPMP. NO:4 1506 0F 2017)

¶371

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 direct the 3rd respondent to collect the seigniorage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton, pending disposal of the main writ petition

¶372

2.1

¶373

Counsel for the etitioner: SRI CH RAVINDER

¶374

Counsel for Res ondents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT t'I..EADER FOR GP FOR INDUSTRIES & CC,TIIMERCE]

¶375

WPNO: 415640 2017

¶376

Between:

¶377

M/s. JCPM lndustries (P) Ltd.,, rep. by lts Direck r l.)ine'sh Reddy, S/o. E. Narasimha leddy Age 34 years, Hot No.63 & 65, 21s;t Central Avenue NCL South, Kon rally, Hyderabad - 500 014

¶378

...pE,,oNER

¶379

AND

¶380

'1 . State of Tel rngana,, rep. by its Secretary, lndustries 8, (lommerce Department Secretariat Buildings, Hyderabad

¶381

The Deputy )irector of Mines and Geology,, Hydera rird. Telangana

¶382

The Asst. D ector of Mines and Geology,, Medchal, t =,rnn,nl.*urpoN,ENrs

¶383

Petition un, er Article 226 of the Constitutiorr of rdra praying that in the circums(ances st: ted in the affidavit filed therewith, th l High Court may be ..^pleased to issue an order or writ one in the nature rf Writ of Mandamus, declaring the actic r of the 3rd respondent in not collectrng seigr iroage fee on the mineral on weight rasis by adopting specific gravity of 2^(\4 pe" Metric Ton after conversion from )ubic meter to metric ton is arbitr,rry, illi-.gal, unjust and uncon stitutiona I ar d in violation of A.P. Minor Mineral^()(,ncession Rules, 1966 and Mines and Minerals (Development & Regul; t on) Act, 1957 and consequently direr the respondents to collect seignrroage fee on the mineral on weight basis by ar rpting specific gravity of 2.64 per me r c ton after conversion from cubic meter tr metric ton

¶384

l.A. NO: 'l OF 2017 WPMP. NO: 51544 OF 2017)

¶385

Petition und r Section 151 CPC praying that in the circumstances stated in the affidavit filer in support of the petition, the High C r rrt may be pleased to direct the 3rd resp, ndent to collect the seigniroage fee o r the nrineral on weight basis by adopting ;pecific gravity ol 2.64 per metrir: tor :rfter conversion from cubic meter to m( :ric ton pending disposal of the abcv: writ petition in the interests of J ustice

¶386

Counsel for the Pe tioner: SMT. N. SHOBA

¶387

Counsel for Respo dents: SRI A. SANJEEV KUMAR,

¶388

SPECIAL GOVERNMENI' P1-l:rrDER FOR

¶389

¶390

GP FOR MINES AND GEOLOGY

¶391

WP NO: 903 OF 2018

¶392

Between:

¶393

M/s Divi Metal lndustries, a Proprietory Concern, represented by its Proprietor Mr.K.Hemanth S/o.K.Venkat Rao, aged about 31 years, Occupation. Business, resident of Flat No.103, Sandhya Enclave, Dwarakapuri Colony, Panjagutta' Hyderabad'

¶394

...pETrroNER

¶395

AND

¶396

State of Telangana, rep.by its Secretary, lndustries and Commerce Department, Secretariat Buildings, Hyderabad.

¶397

The Deputy Director of Mines and Geology, Hyderabad, Telangana State.

¶398

The Assistant Director of Mines and Geology, Mahabubnagar, Telangana State.

¶399

The Director of Mines and Geology, Hyderabad

¶400

...REspoNDENTs

¶401

Petition under Article 226 of the Constitution of lndia praying that in the circums|fnces stated in the affidavit filed therewith, the High Court may be -pleased^{to issue an Orderor Writ one in the nature of Writ of Mandamus,} declaring the action of the 3rd respondent in not collecting seigniorage fee on the minerals on weight basis by adopting specific gravity of 2.64 per Metrict Ton after conversion from cubic meter to metric ton is arbitrary, illegal, unjust and u nconstitutional and in violation of A.P.Minor Mineral Concession Rules, 1966 and Mines and Minerals (Development and Regulation) Act,^'1957 and consequently direct the respondents to collect seigniorage fee onthe mineral on weight basis by adopting specific gravity of 2.64 per metrict ton after conversion from cubic meter to metric ton

¶402

lA NO: 1 OF 2018

¶403

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ln support of the petition, the High Court may be pleased to direct the 3rd respondent collect the seigniorage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metrict ton after conversion from cubic meter to metric ton pending disposal of the above writ petition Counsel for the Petitioner: SRI A. P. REDDY

¶404

Counsel for Respondents: SRI A. SANJEEV KUMAR,

¶405

SPECIAL GOVERNMENT PLEADER FOR

¶406

GP FOR MINES AND GEOLOGY

¶407

l()

¶408

WP NO:^'19882 C^: 2018

¶409

Between:

¶410

Sri lshwa rya Ambika Mines,, Peddaparvatha: tr Village, B.Ramaram Mandal, E rongir Yadadri District. Telangana S.ete, Fepresented by its Managing^I artner, l.Ramakrishna Reddy.

¶411

...PETITIONER

¶412

AND

¶413

State of Te rngana,, rep. by its Secretary, lndustries :rnd Commerce Departmen Secretariat Buildings, Hyderabad 2. Director of {ines and Geology,, State of Telangana llyderabad 3. Deputy Dirt :tor of Mines and Geology,, Hyderabad, l elangana. 4. Assistant D ector of Mines and Geology,, Bhongir Ya^jadri District,, Bhongir, Telangana'

¶414

...RESP.N,ENTS

¶415

Petition un 'er Article 226 of the Constitution of lr dia^praying that in the circumstances st ted in the affidavit filed therewith, he High Court may be pleased to issue n appropriate writ, order or direction ntore particularly one in the natufe of Writ rf Mandamus declaring the action of he resoondents in fixing different rates o{ seigniorage fee^per unit, based on rolumetric and weight without regard to re specific^gravity of the mineral and hereby^penalizing those

¶416

opting to^pay weig rt method by charging higher rate of s:^gniorage fee, as being irrational, arbitrary and discriminatory and contrary to tlre provisions of the Mines and Minerals (De elopment and Regulation) Act, 195, and Telangana Minor Mineral Concessic r Rules, 1 966 and consequently direr t the respondents to fix the rate of seignior rge fee per unit by weight, based on tlro specrfic^gravity of the Mineral of 2.64 Mf Cum

¶417

lA NO: 1 OF 20'18

¶418

Petition und^,r Section 151 CPC praying that in tf e circumstances stated in the affidavit filer in support of the petition, the High C: rrt may be pleased to direct the respon( ents herein to collect the seignior.r! e fee on the rough stone/boulders on veight basis by adopting specific^graviry of 2.64^per MT, for conversion from^, .rbic metre in respect of rough sto re/boulders,^pending disposal of the mai wnt petition

¶419

Counsel forthe Pe tioner: SRI M. BHARAT CHANDRA, CCUNSEL FOR SRI. SRINIVASA RAO BISDDULURI

¶420

Counsel for Respo, dents: SRI A. SANJEEV KUMAR,

¶421

SPECIAL GOVERNMENT Pt-l:ADER FOR

¶422

¶423

GP FOR MINES AND GEOLOGY

¶424

WP NO: 19899 OF 2018

¶425

Between:

¶426

Rotek Ravalakol lnfra,, PIot No.82, ERA House, 2nd Floor, APHB Colony, Gachibowli, Hyderabad-500082, Rep.by its authorized signatory M. RajagoPal

¶427

...PETrrroNER

¶428

AND

¶429

1 . State of Telangana, , rep. by its Secretary, lndustries and Commerce Department. Secretariat Buildings, Hyderabad

¶430

, 2. Director of Mines and Geology,, State of Telangana, Hyderabad 3. Deputy Director of Mines and Geology,, Hyderabad, Telangana.

¶431

Assistant Director of Mines and Geology,, Medchal-Malkajgiri District, Medchal, Telangana.

¶432

...RESPONDENTS

¶433

Petition under Article 226 ot lhe Constitution of India praying that in the circumq.t-ances stated in the affidavit filed therewith, the High Court may be. , pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in fixing different rates of seigniorage fee per unit, based on volumetric and weight without regard to the specific gravity of the mineral and thereby penalizing those opting to pay weight method by charging higher rate of seigniorage fee, as being irational, a.rbitrary and discriminatory and contrary to the provisions of the Mines and .Minerals (Development and Regulation) Act, 1957 and Telangana Minor Mineral Concession Rules, 1966 and consequently direct the respondents to fix the rate of seigniorage fee per unit by weight, based on the specific gravity of the Mineral of 2.64 MT/Cum

¶434

lA NO: 1 OF 2018

¶435

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 direct the respondents herein to collect the seigniorage fee on the rough stone/boulders on weight basis by adopting specific gravity of 2.64 per MT, for conversion from cubic metre in respect of rough stone/boulders, pending disposal of the main writ petition

¶436

Counsel for the Petitioner: SRI M. BHARAT CHANDRA, COUNSEL FOR SRI. SRINIVASA RAO BODDULURI

¶437

2tt

¶438

Counsel for Res ondents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT F'LEADER FOR GP FOR MINES AND GEOLCGY

¶439

WP NO: 24595 O 2018

¶440

Between:

¶441

P.Raghave dra Rao, S/o. late Venkateswara Rao, aged about 59^years, r/o. D.No.8-3-6 7/19,^'1st Floor, Plot 19, Sai Kris tna Dewaraya Nagar, Yellareddyl :da, Hyderabad-500073.

¶442

...PETITIONER

¶443

AND

¶444

'l . State of Ter rngana, Rep. by its Secretary, lndtstries :rnd Cr:mmerce Departmen Secretariat Buildings, Hyderabad. 2. Director of I lines and Geology, , State of Telangana ltyderabad. 3. Deputy Dire tor of Mines and Geology, , Hyderabad,^-'elangana State. 4. Assistant D ector of Mrnes and Geology, , Medchal- vlalkajgiri District, Medchal, Tr angana State.

¶445

...RESPONDENTS

¶446

Petition unr er Article 226 ot lhe Constitution of ,nCia praying that in the circumgtances st::ed in the affidavit filed therewith, tr,: High Court may be pleased to issue n appropriate writ, order or direction n ore particularly one in the nature of Writ rf Mandamus declaring the action of th,: respondents in fixing different rates of s igniorage fee per unit, based on volun etric and weight without regard to the spec ac gravity of the mineral and thereby p,)ralizing those opting to pay weight methor by charging higher rate of seigniorage lee, as being irrational, arbitrary and disc^,minatory and contrary to the provis cns of the Mines and Minerals (Developr lent and Regulation) Act, 1957 and T:langana Minor Mineral Concession Rules. 1 966 and consequently direct the rei r,lndents to fix the rate of seigniorage fee er unit by weight, based on the speciflc gravity of the Mineral of 2.64 MT/Cum

¶447

lA NO:^'l OF 2018

¶448

Petition undt Section 1 51 CPC praying that in the ,)i^'cumstances stated in the affidavit filed ir support of the petition, the High Co lrt may be pleased to direct the responc :nts herein to collect the seigniora 3,: fee on the rough stone/boulders on^{, 'eight} basis by adopting specific grav t,/ of 2.64 per MT, for

¶449

¶450

conversion from cubic metre in respect of rough stone/boulders, pending disposal of the main writ petition

¶451

Counsel for the Petitioner: SRI M. BHARAT CHANDRA, COUNSEL FOR SRI. SRINIVASA RAO BODDULURI

¶452

Counsel for Respondents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLEADER FOR GP FOR MINES AND GEOLOGY

¶453

WP NO: 1315 OF 2019

¶454

Between:

¶455

Mis. Anantha Sai lndustries Pvt. Ltd, (formerly Mis. Anantha Sai Stone Crushing Pvt. Ltd.) Rep. by its Managing Director Sri G.Chandrasekhar S/o Late G.Galarah, aged about 67 years having its office at Shop No.16 Door No.'1 16-2-10 /3116,2nd Floor, Sri Krupa Market Malakpet, Hyderabad. 500 ti:

¶456

..PErroNER

¶457

AND

¶458

The State of Telangana, Rep. by its Principal Secretary ( Mines ) Industries and Commerce Department Secretariat Buildings, Hyderabad. 500 022

¶459

The Director of Mines and Geology State of Telangana, 8th Floor, B.R.K.R Buildings Tank Bund Road, Hyderabad. 500 029.

¶460

The Deputy Director of Mines and Geology, Plot No.191 and 192, Vignanpuri Colony Beside Saheb Nagar, HMW and SB B.N. Reddy Nagar, Ranga Reddy District.500 079.

¶461

The Assistant Director of fttlines and Geology, Collector Office premises, Lakdikapul Hyderabad. 500 004.

¶462

Petition under Article 226 of the Constitution of lndia ,rrri,in=1i?i?"tll! circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ, order or direction more so one in the nature of Mandamus declaring the action of the Respondents in not collecting Seigniorage fee on the Mineral - Stone and Metal on weight basis by,adopting Specific Gravity of 2.64 per Metric Ton after conversion from Cubic Metre to Metric Ton as arbitrary, illegal, unjust, u nconstitutional, violative of the provisions of the Mines and Minerals ( Development and Regulation ) Act, 1957 and the Rules made thereunder with regard to the four Quarry Lease areas held by the Petitioner company in an extent of 14.50 Hectares in Sy. No. 486 and 399 of Malkapur Village, Choutuppal Mandal, Nalgonda District ( presently Yadadri Bhuvanagiri District ) and consequently direct the Respondents to collect Seigniorage fee on the [\4ineral - Stone and Metal on weight basis by adopting Specific Gravity of

¶463

¶464

2.64 per Metric lon after conversion from Cubic Me.r: to Metric Ton, in the interest of Miner; Development, Law and Justice.

¶465

lA NO: 1 OF 201!

¶466

Petition un^ler Section 151 CPC praying that in th: circurnstances stated in the affidavit filed in support of the^petition, the Hrgh oourt nray be^pleased to direct the 4th Re^.pondent herein to collect the Seignicrirge fere on the MineralStone and Metal rn weight basis by adopting Specific Oravity of 2.64^per Metric Ton afler conver ion from Cubic Metre to Metrit Ton^,vith regard to the four Quarry Lease arr as held by the Petitioner company irr a total extent of 14,50 Hectares in Sy. {o. 486 and 399 of Malkapur Villa,;e, Choutuppal Mandal, Nalgonda District ( presently Yadadri Bhuvanagir Dis tr ic:t ) failing which the Petitioner compal herein will be put to irreparable loss z rd harCship. Counsel for the P rtitioner: SRI PANNALA SRINIVAS

¶467

Counsel for Resp^,ndents: SRI A. SANJEEV KUMAll,

¶468

SPECIAL GOVERNMENT I)I-I:ADER FOR GP FOR MINES AND GEOI.-(X!'

¶469

WP NO: 9881 OF : )21

¶470

Between:

¶471

M/s Sai Ba ra Metal lndustry, Rep. by its Prop. ) t3al Raj, S/o Late P. Lingamaiah, rge 67 years, R/o 12-13-316, Street No 9 iarnaka, lyg?if,B1+_

¶472

AND

¶473

State of Tela rgana, rep. by its Secretary, lnduskies an: Conrmerce Department, lecretariat Buildings, Hyderabad. 2. The Deputy i irector of Mines and Geology, Hyderabz c. 3 The Asst. Dir rctor of Mines and Geology, Ranga RedJ r

¶474

Petition und r Article 226 of the Constitution of lrrc ia prirying that in the circumstances stal )d in the affidavit filed therewith, tl^e lliglr Court may be pleased to issue ar order or writ one in the nature of writ of lr4andamus, declaring the action of the 30 respondent in not collecting seignrroage fee on the mineral on weight basis by ad pting specific gravity of 2.64 per Metr c Ton after conversion from cubic meter tc metric ton is arbitrary, illegal, unjust a 1rl Lr n66ns1l1rtiona I and in violation of A.F Minor Mineral Concession Rules 1966 and Mines and Minerals (Developn ent and Regulation) Act, 1957 a.td ct rsequently call direct

¶475

¶476

the respondents to collect seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton

¶477

lA NO: 1 OF 2021

¶478

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 direct the 3rd respondent to collect the seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 pet metric ton after conversion from cubic meter to metric ton pending disposal of the above writ petition Counsel for the Petitioner: SMT. N. SHOBA

¶479

Counsel for Respondents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLEADER FOR GP FOR MINES AND GEOLOGY

¶480

WP NO': 9914 OF 202'l

¶481

Between:

¶482

[/l/s. Shona Engineers,, Rep. by its Partner Smt C. Sujana, Wo Chada Satyanarayana Reddl Age 37 years, R/o H.No.1-3-9213, Nandavanam Colony Street No.4, Habsiguda, Hyderabad ...pErrloNER

¶483

AND

¶484

State of Telangana, rep. by its Secretary, lndustries and Commerce Department, Secretariat Buildings, Hyderabad

¶485

The Deputy Director of Mines and Geology, Hyderabad 3. The Asst. Director of Mines and Geology,, Ranga Reddy

¶486

,..RESPONDENTS

¶487

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 an order or writ one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in not collecting seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 pq Metric Ton after conversion from cubic meter to metric ton is arbitrary, illegal, unjust and u nconstitutional and in violation of A.P. Minor lilineral Concession Rules, 1966 and [Vlines and Minerals (Development and Regulation) Act, 1957 and consequently direct the respondents to collect seigniroage fee on the mineral on weight basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton

¶488

¶489

lA NO: 1 OF 202'

¶490

Petition ur ler Section 1 51 CPC^praying that irr^:l- e circumstances stated in the affidavit fil d in support of the^petition, the High 3o,:rt may be^pleased to direct the 3rd res,ondent to collect the seigniroage fee or the mineral on weight basis by adoptin specific^gravity of 2.64^per metric t,)n after conversion from cubic meter to r etric ton^pending disposal of the ,alrr,ve writ^petition in the interests of Justic^r.

¶491

Counsel for the F :titioner: SMT. N. SHOBA

¶492

Counsel for Resp )ndents: SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT P-:ADER FOR GP FOR MINES AND GEOL(),iY

¶493

WP NO: 11739 Oj 2021

¶494

Betweeru

¶495

M/s. Saileei r Stone Sand Pvt Ltd., Rep by ts [Vanaging Director, Sri G. Nageshwar Reddy, age 61 years, S/oG. Ramchardra Reddy, 4-190140, Bhaskar Rar Nagar Colony, Sainikpuri, Secunderab;rc ...pETtrloNER

¶496

AND

¶497

State of Tek rgana, Rep. by its Secretary, lndustries a rci Commerce Department, Secretariat Buildings. Hyderabad

¶498

The Deputy )irector of Mines and Geology, Hyderaoix

¶499

The Asst. Di :ctor of Mines and Geology. Yadadri Bhu ranagiri

¶500

..RESPONDENTS

¶501

Petition und rr Article 226 of the Constittition of lrrtlia praying that in the circumstances sta -.d in the affidavit filed therewith, tt e High Court may be pleased to issue ar order or writ one in the nature of writ )1 Mandamus, declaring the action of the 3 I respondent in not collecting seigniir,ege fee on the mineral on weight basis y adopting specific gravity of 2.64 rer Metric Ton after conversion from r:bic meter to metric ton is arbitrarl'. illegal, unjust and unconstitutional an I in violation of T.S. Minor Mineral Co rcession Rules, 1966^. and Mines and /linerals (Development and Regul: t on) Act, 1957 and consequently call d^-ect the respondents to collect seigniroe ge fee on the mineral on weight basis ly adopting specific gravity of 2.64 cer metric ton after conversion from cul ic meter to metric ton

¶502

-r:)

¶503

lA NO: 1 OF 2021

¶504

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 direct the 3rd respondent to collect the seigniroage fee on the maneral on weight basis by adopting specific gravity of 2.64 per metric ton after conversion from cubic meter to metric ton pending disposal of the above writ petition in the interests of Justice.

¶505

Counsel for the Petitioner: SMT. N. SHOBA

¶506

Counsel for Respondents: SRI A. SANJEEV KUMAR,

¶507

SPECIAL GOVERNMENT PLEADER FOR GP FOR MINES AND GEOLOGY

¶508

WP NO: 29662 OF 2021

¶509

Between:

¶510

Mohd. Zameer, S/o. Md. Jahangir Aged about 41 years, Occ- Business, H. No.2-4812, Old Hafizpet, Miyapur, Ranqa Reddv District.

¶511

...pETlTtoNER

¶512

AND

¶513

The State of Telangana, Rep. by its Principal Secretary ( Mines ), Sth Floor, B.R.K.R. Buildings, Tank Bund Road, Hyderabad 500 029

¶514

Z The Director of Mines and Geology, Government of Telangana, H. No. 5-922, FIat Nos. 203 and 204,2nd Floor, My Home Sarovar Plaza, Shahpur Wadi, Adarsh Nagar, Secretarrat Road, Hyderabad 500 063.

¶515

3 The Deputy Director of Mines and Geology, Nizamabad Region, H. No. 6-2200 183 / C, Subhash Nagar, Nizamabad 503 002

¶516

4 The Asst Director of Mines and Geology, Plot No.37, Prashanti Nagar Colony Sangareddy, Sangareddy District 502 001

¶517

...REspoNDENTs

¶518

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 so one in the nature of Mandamus declaring the action of the Respondents in not collecting Seigniorage fee on the Mineral - Stone and Metal on weight basis by adopting Specific Gravity of 2.64 per Metric Ton after conversion from Cubic Metre to Metric Ton as illegal, arbitrary, unjust, unconstitutional, violative of the provisions of the Mines and Minerals ( Development and Regulation ) Act, 1957 and the Rules made thereunder with regard to the Quarry Lease area held by the Petitioner in an extent of 2.0 Hectares in Sy. No. 144 of Khajipally Village, Jinnaram Mandal, Sanga Reddy District (formerly Medak District )and consequently direct the Respondents to collect Seigniorage fee on the fVlineral - Stone and Metal on

¶519

¶520

weight basis by ar opting Specific Gravity of 2.64 per Me.r c Ton after conversion from Cubic Metre c Metric Ton, in the interest of Minera )evelopment, Law and Justice.

¶521

lA NO: 1 OF 2021

¶522

Petition unr :r Section 151 CPC praying that in tlre circumstances stated in the affidavit file in support of the petition, the High C curt may be pleased to direct the 4th Res rondent herein to collect the Seigniorrl;e fee on the MineralStone and Metal c r weight basis by adopting Speiific G'zvity of 2.64 per Metric Ton after convers rn from Cubic Metre to Metric Ton witl regard to the Quarry Lease area held b ' the Petitioner in an extent of 2.0 He,)tares in Sy. No. 144 of Khajipally Village, Jinnaram Mandal, Sanga Reddy Di:;t'ir;t ( formedy Medak District )

¶523

Counsel for the Pr titioner: SRI PANNALA SRINIVAS

¶524

,Counsel^{for Respt ndents: SRI A. SANJEEV KUMAR,} SPECIAL GOVERNMENT PLEADER FOR GP FOR MINES AND GEOLOGY

¶525

The Court made tf : following: COMMON ORDER

¶526

THE HON'BLE THE C}IIEF JUSTICE UJJAL BHI'YAN AND

¶527

THE HON'BLE SRI .}USTICE C.V.BHASKAR REDDY

¶528

WRIT APPEAL Nos.33 1fis 219^aoo 248 of 2OO7 1334 13?1 of2OO6:

¶529

WRIT PE?ITION Nos.249917 of 2OOl 24OL of 2OO3t 2OLl9. 20914. 20944, 24006 of 2OO9; 23853 of 2013; 35749 of 2015 17531 17630 180?8 269\3 30538 30539 30591 3o599. 3()6o4 of 2o16: 4tl9t. +eOS. 33355. 415 9O3, 19882. 19899. 2451lti of 2O18: 1315 of 2019: 9881. ' 99L4. LL739 and29662 of2O2L

¶530

!IO_I4IIQX_{UDC!4ENI: Per^{Lhetion'bte the ctlief Justiceujjat Bhuuan)}

¶531

This common^j'.rdgment disposes of the above batch of rvrit appeals and writ petitions.

¶532

Heard Mr. A.Sanjee,r Kumar, learned Special Government Pleader for the appellants in the writ appeals ald respondents in the writ petitions. Also heard learned Senior Counsel Mr. B.Adinarayana Rao as well^as Ms. N.Shoba, Mr. Ch.Ravinder, Mr. A.P.Reddy, Mr. Pannala Srinivas and Mr. M.Bharat C)handra, learned^counsel rcpresenting Mr. Srinivasa Rao l3odduluri, learned^counsel

¶533

¶534

for the resp 'ndents in the rvrit appeais eLr-rd^{pei.iticners in} tl-rc s,rit i:eti ions.

¶535

The re ated writ petitions l:ave been fileC L,y rLifferent lessees quer tioning the action oi the auihor t es oi Mir-res I11 ancl Geo1o1 y Depa..rtment demandrng, ra):ry."rt, of scigniorage ee ostensibly und.rr Rule i 0 o^' thc i\i-rdhra Pr:rdesh I{ ror Mineral Concession R,-iles i906, and fuf tl rcr souf rt a direction to the said authcril ir:s fo: pr,-,1:er assessment and collection of seignioragr: lee on thc exc:,rvated a d dispatched mincra1s as rcclr-l;1 c^'..incre r R,,ric l0 of the afr :esaid Rules.

¶536

1 . Learnt 1 Single Judge by the commor rrrder dated 20.09.2006 {lowed the writ petitions in res r,:r:t ol u,hich the writ app :als have been Iileci and held as lc I o."r,s:

¶537

"150. r s can be seen from the respective stzrrds taken by the 1 arties, the controversy boils down to th,: :node of chargin ;^{and furthercomputationthereof.It rs r eedless} to say that whether the charging provisir,n ald comput ttion provision ale at one place or irot, r hev have to be onstituted as one integrated provisirrr. It is needles to say that the parties are bound by rhe terrrs and co ditions specified in the lease deeds lrd it is ncedles to say that even the lease dcccls tr, bc in

¶538

)

¶539

accordance with the rules goveming the field. Strong reliance was placed in G.O.Ms.No.217 ard the changes introduced in the schedules in pursuance thereof.

¶540

Le.arned counsel for the petitioners contended that this rvill not alter the situation and the learned Government Pleader for Industries and Commerce contended otherwise.

¶541

Strong reliance uras placed on the Technical Study Report on volumetlic and Tonnage Variation duc to crushing of stones and boulders. While charging and computing, this Court is of the considered opinion that the respondents are bound to follow the provisions of tlie Act and the Rules mad'e thereundcr and it is needless to say tlat the Sc:hedules under Rule 1O o[ thc Rules also may have to be followed as amended b1' G.O. Ms.No.217 , dated 29.O9.2004 referred to supra.

¶542

The parties are not at ccntroversy or in variation as far as tJ:is fundamenta-l principle is concerned, but how to calculate and how to compute and where the same should begin and end, tl-rese aspects appear to be the controversial area whereunder the . stand of the Government is that by improper calculation or miscalculation the petitioners are trying to escapc their liability and on the contrary tho^petitioners arc taking a stand that they are bound by the charging provision and the rates as specihed in the schcclulcs and nothing more and nothing beyond. It is ncedless to say that while interpreting a charging prorrision or a --.4omputation provision normally the same to be strictly

I I

(-/

constrl :ci since it would be fastening the liabil t r :rnd tn the ev( rt of doubt, the State Go\iernment is^J rvays at liberty o brilg in suitable amet.:Cments for th,: re levzmt rules.

¶547

rn a careful sc;:utiny oi rl.O.Ms.No.21'' rt:ferred to supl L and also the Rules governirg the Freii :ls fat as its pos tion is concerlled, this Court is^sat-ir;f etl that except :or certain variations ietroduced as iu 1s the basic c rarging and computatici) a-re corlccrne(., rl-rere is NO SU lstantial change or^r/e.riation. Thc u gir the decisio .s of ttre Apex Court rcf:,'rred to sul)ra a-r I aiso of the Di ision Bench specifiecl ilbovc. are deirr:red in slightll different contexts, t hc principle laid^r lc.,wn in substa ce is applicable to tl-re present batci.r of^q r-it petitio, s.

¶548

\ ,t'l

¶549

: is made clear that thc responde:rts :rl bound to ch rge and compute rn a-ceordance with the provisi ns of the Act and thc Rulcs governinl, :he ficld arrd n, doubt the petitioners ar"e bound by t c terms and co rditions of the respective leases. In any :"ent, the arit] m tica.l or mathematical calculations or tlre other details worked out by the rcspondcnts that teo uithtrut notice to the affected palties may not be r,f much relevar :e in deciding the prcsent batch of writ p,)titions.

¶550

Ience, in the iight of the above clirrificrtion tirat the pa :ies to these writ pctitiorls are bound to frrilr:w rhe provisi ,ns of the Act, thc Rules goveming i hc field relatin to the charging and computatiorr ,rf t.he arnour s in controversl., and since there canrot be auly

¶551

deviation therefrom, the writ petitioners are bound to succeed ald accordingly, the writ petitions are hereby allowed to the extent indicated above. No order as to costs.

¶552

157 . Before parting these cases, it is made clear that the State Gover_nment is at iiberty to take appropriate steps to make suitable amendments to the concerned Rules, if it is so advisecl."

¶553

Thus, we find thaL learned Single Judge while ' interfering with the actioir of the authorities, however, clarified that the iluthoritrcs are bound under the law to cha-rge and compute seigniorage lee in accordance with law. But, while doing so, the lessees are required to be put on notice. Accordingly, the rvrit petitions were allowed by the learned Single Judge.

¶554

We see no infirmitl, in thc vieu, taken by the learned Single Judge to warrant interft:rence in the writ appeals. As a matter of fact, the appeliate Court vide the order dated 19.O1.2007 while admitting W.A No.33 ol 2OO7 had directed that the appellants^(Startc) ar.rd its authorities in 'the^{Mines and Ceolog, Department s,ouldbe entitledto}

¶555

¶556

(

¶557

collect seig iorage fee strictly in accordar⁽ e wlth the Andhra Prar esh Minor Mineral Ccncession Rt l,:s, 1966.

¶558

¶559

7 . In th<⁽ ourse of hearii-rg. our attentil r has been drawn to i.().Ms.No. 1E, dateci 3',.O3.2o2tt, issued by Induslries ;ind Commerce (Mines.l) )r:partment, Governmen of Telangana. As per the said Government Order, cert: r) amenrlments ha,-'e been made t) Schedule I and Schedr c Itl of llule 10 ol the novr Tel:urgana Minoi Ii4incral Co cr:ssion lRulcs, 'l 966, which is '.t e SL CCCSSOf Rules of t t: previous Andl.l,'a Pradesh IViinor Mineral Conr:ession Rules, 1966, excrcising pou,ers t:onferreC- by sub-sectio,n ( I ) of Section 15 of the Mines and lt{inerals (Developme Lt and Regulation) Act, 1957. lir:rial No.1 of amended S hedule I deals r,r,ith rates of seigrriorage fee for minor minla ls like br-rilding stonc, rough sf, t;re/boulders, road meta ballast and m:rnufactured ser d (m-sand), which is Rs 55 per metric Lonne.

¶560

B. On tL irough consirL:ration of the lnat1er, we do not find any g< rtl reason to interlere or dislodg: the findings rvritten bv I tc learned Sinele ,Judge as clarifie d above

Consequently, thc rvrit appeals are dismissed while the writ petitions are allowed in terms of the aforesaid

¶568

decision of the learned Single Judge.

¶569

Miscellaneous applicaticns pending, if any, shall stand closed. However, there shall be no order as to costs.

¶570

That the Rule Nisi has been made absolute with regard to Writ Petitionsl Witness THE HON,BLE THE CHIEF JUSTICE UJJAL BHUYAN, on this Wednesday, the Twenty First day of September, Two Thousand and Twenty Two.

¶571

sD/- A.V.S.S.C.S.M.SABfr A DEPUTY REGIS'RAR

¶572

//TRUE COPY// sEcTloN oyrrcrn

¶573

To, 1. The Secretary, lhdustries & Commerce Department, State of Telangana, Secretariat, Hyderabad.

¶574

1. The Director of Mines and Geology,, B.R.K.R. Buildings, Tank Bund Road, Hyderabad.

¶575

1. The Assistant Director, Mines & Geology, Nalgonda District. 4. The Deputy Director of Mines & Geology.,, kakinada, East Godavari District. 5. The Assistant. Director of Mines & Geology.,, Eluru, E.G-Dist. 6. The General Manager and Project Directoi, National Highways Authority of lndia., Rajahmundry.

¶576

7.. The Deputy Director of Mines & Geology, Samrat Complex , 2nd Floor, Saifabad, Hyderabad.

¶577

B. The Assistant Director of Mines & Geology, Samrat Complex, 2nd Floor, Saifabad, Hyderabad.

¶578

1. The Director of Mines and Geology,, BRKR Bhavan, 8th floor, Tank Bund Road, Hyderabad.

¶579

1. ThelAssistant Director of Mines and Geology,, Hyderabad 1 1. Tle.Deputy Director of Mines and Geology,, Nizamabad, Nizamabad District 12.The Assistant Director of Mines and Geology,, Medak, Medak District 'l3.The Asst. Director of Mines and Geology, Ranga Reddy District, - 14.The Asst. Director of Mines and Geology,, Medchal, Telangana '15. The Assistant Director of Mines and Geology, Mahabubnagar, Telangana State.

¶580

16.The Assistant Director of Mines and Geology,, Bhongir Yadadri District, Bhongir, Telangana.

¶581

1. The Assistant Director of lVlines and Geology,, Medchal-Malkajgiri District, Mgdchal, Telangana.

¶582

1. Thb Deputy Director of Mines and Geology, Plot No.191 and 192, Vignanpuri Colony Beside Saheb Nagar, HMW and SB B.N. Reddy Nagar, Ranga Reddy District.500 079.

¶583

¶584

19.TheDirecto FlatNos.2 AdarshNag 20.TheDeputy 20A183/ C, 21.TheAsstDir Sangareddy 22.Two CCsto Telangana.	r)fMines and Geology, Government<>fTearg;ana,H.No. 5-922, 0and2O4,2ndFloor, My Home SarovarPazii,ShahpurWadi, :^',Secretariat Road, Hyderabad500063. tirector of Mines and Geology,Nizamaba,ilegior,H.No. 6-2- Subhash Nagar, Niizamabad 503 002 )ctorof Mines and Geology,PlotNo.37, Pr;rshanti Nagar Colony Sangareddy District. 502001 iPFor lndustries & Commerce, High Cor rlfr:rthe Stateof )UTl
23.Two CCsto fortheStak	iriA.Sanjeev Kumar, Special GovernmellPleader,HighCourt ofTelangana.[OUT]
24.OneCCto^r 25.OneCCto 26.OneCCto 27.OneCCto 28.One CCto	riVimal Varma Vasi Reddy,Advocate[OFtCl mt.N.Shobha, Advocate(OPUC) ^,mtC.V. Vinitha Reddy, Advocate(OPUC ^;riSrinivas Bodduluri, Advocate(OPUC) ;riBAdinarayanaRao,Advocate(Ot,UC)
29.One CC to 30.OneCC to 31.One CCto 32.Two CDC< 33.One Spare MBC GJP ; i : l	;riCh. Ravinder, Advocate(OPUC) riAP. Reddy, Advocate(OPUC) riPannala Srinivas, Advocate(OPUO) ies opy

HIGH COURT

D,Al'li:D: 211A9/2022 N( 11 UJV &2 ,

¶591

COMM I()N .JUDGMENT

¶592

WRIT Al PEAL Nos.33, 165,219,2:,12,248 of 2007; 1334,tttt of 2oo6; vy'nrr^prr TIoN^{Nos.24997of 2001; 240t of 20).t; 201t9,20914,20944,} 24006 of20 )9; 23853 of2013; 35749 of20l5; l75til. 17630, 18078,26913, 30538,31 539, 30591,30599, 30604 of20l61 480 l. 4tt08, 33355, 41564 of 2011;903,198 t2, 19899,24595 of20l8; 1315 of20l(t; 9881,9914, 11739 and 29662 of202l

¶593

DISMISSING TI-IE'I'RII' APPEALS & ALLOWING THE VVITIT PETITIONS

¶594

l/Vll'l'{C UT COSTS

¶595

M/s Divi Metal Industries v. State of Telangana

Case brief

What is this about?

What did the court decide?

M/s Divi Metal Industries v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Asst Manager - Finance, Igate Global Solutions Ltd., Hyd Vs Deputy Commissioner, Commercial Tax., Hyd and 2 Ot

Mohammed Abdul Haleem Hamid, Hyd. Vs Commr. G.H.M.C. Hyd and 3 Others

Sri Ramanuja Shasrabdi Jiva Gurukulam, Palamakul Post, Vs Union of India

M/s. Anantha Sai Industries Pvt. Ltd. Vs The State of Telangana and others

M/s. B.N.R. Stone Crusher, Vs State of Telangana, rep. by its Secretary, Industries

M/s Sri Thirumala Stone Sand Metal Industry, Vs The State of Telangana, Rep. by its Principal Secretary