Disposed

M/s. G.V.R. Enterprises v. The State of Telangana

Telangana HC22 Nov 2024WP/16897/2024

Case brief

AI extract

What is this about?

Writ petition challenging a demand notice for alleged excess quarrying of stone without receipt of show-cause notice. Court found factual uncertainty over service of the notice, set aside the demand notice dated 24.06.2024, and directed that any action be taken only per the Telangana State Minor Mineral Concession Rules, 1966 after giving opportunity.

What did the court decide?

Demand notice dated 24.06.2024 set aside; petitioner to be given opportunity to respond; interim orders vacated; no costs.

M/s. G.V.R. Enterprises Vs The State of… — Mining and Natural Resources | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA

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WR|T^pETtTtON NO: 16897 OF 2024

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Between:

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M/s. G.V.R. Enterprises, Rep. _ by its Managing partner _ Sri Gudem lVadhusudhan Reddy S/o t_rti: C.'Sai'n-i n"iijvl'n'g"d about 50 years, Occ. Busines_s H No. 6-3. Ram Mandir Roaa, pai;;;6;;,;"i;il-;;a M;;i;i,"br;;; Reddy District 50231

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...PETITIONER AND

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The State of Telangana, Rep. by its principal Secretary ( I\rlines ). lndustries and commerce Deoarrment. se-cretariat euiroings.-sii?duiJ, rivlidl!'nr'j'soo 004

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The Director of [,4rnes 86 _Georogy, H. No. 5-922, Frat No,s 203 and 204.2nd fi_o^or,^{tMy Home Sarovar ptaza,"shapur wadl,} Aiiai;i N;;"ilvi!,.ii,i'oioo o29

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The Deputy Director of lvrines and Georogy, H. No. 6-2-200 r 83 t c,subhash Nagar, Nizamabad 503 002

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The Asst. Director of lririne.s and^Gqo-rgsy, prot No.37, prashanti Nagar corony Sangareddy Sangareddy Dist 502 001"'

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affrdavit fired theiewith, the High court may be pleased to issue a writ, order or direction more so one in the nature of Mandamus declaring the issue of the impugned Demand Notice No. 4o7B r e r 2017 dt. 2410612024 issued by the 4th Respondent herein with regard to the euarry Lease area legally and validly held by the petitioner Firm in an extent of 4-s0 Hectares in Sy. No. 134 ( Patta Land)of Arutra viilage, Kandi Mandal, sanga Reddy District as illegal, arbitrary, without jurisdiction and violative of the provisions of the Mines and Minerals Development and Reguration Act, r 957 and consequenfly set aside the same, in the interest of mineral development, law and justice.

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lA NO: 1 OF 2O24

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Petition under section i si cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to kindry suspend the operation of the impugned Demand Notice No. 4o7B t e I 2017 dt. 2410612024 issued by the 4th Respondent herein with regard to the euarry Lease area legally and varidry herd by the petitioner Firm in an extent of 4-s0 Hectares in Sy. No. 134 ( Patta Land) of Arufla Viflage, Kandi lVrandar, sanga Reddy District, failing which it may resurt in irreparabre ross and hardship to the interest of the Petitioner Firm.

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lA NO: 2 OF 2024

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Between:

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The State of Telangana, Rep.^by its principal Secretary ( I,4ines ), lndustries and commerce De-partment. se'creta'iaiii"uird;;;, sr#ib;;,irii.ii-Irir'j'soo

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The Director of Mines 86 Geology, H. No. 5-922, Flal No,s 203 and 2O4.2nd 029ilo^or,^{lrty HomeSarovar etaza,"Strapui} WrOi, Alur.n Nl6ir, r_rvi",i[r'oioo

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The Deputy Directorof Mines and Geotogy, H. No. 6_2-200 I 83 I C,Subhash Nagar, Nizamabad 503 002

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The Asst. Director of Minpf and Geology, plot No.37, prashanti Nagar Colony Sangareddy Sangareddy Dist 502 00i-''^-'

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...PETtTtONERS/RESPONDENTS AND

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It//s. G.V.R. Enterorises, .Rep. _ by its Managing partner _ Sri Gudem Madhusudhan Reddy, S/o. r-ai6 c.'sai'rii nllji, ng"o about 50 years, Occ. Business H No. 6-3. Ram nranoir R""ol piii""iL;,;"il;";il irr"r,{i;1,-bJngu Reddv District 50231

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..RES,.NDENT/'ET'r,NER

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Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the lnterim Order Dated. 03.07.2024 in W P. 168S7 of 2024 and dismiss the Writ Petition.

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counsel for the^petitioner: sRr RAMAVARAM CHANDRASHEKAR REDDy counsel forthe Respondents: sRl K.courHAM REDDY, AGp FoR MINES AND GEOLOGY

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The Court made the following: ORDER

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t t

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THE HON'BLE JUSTICE MOUSHUMI BHATTACH.ARYA

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WRIT PETITION No.16897 of 2024

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Mr. R.Chandra Shekar Reddy, learned counsel lor the petitioner

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Mr. K.Gautham Reddy, learned Assistant Govemment Pleader for Mines and Geolory for the respondents.

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ORDER

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The case sought to be made out by learned counsel appearing for the petitioner is that the respondent-authorities have directly proceeded to issue the impugned demand notice dated 24.06.2024 in relation to alleged excess mining of stone without first issuing a show-cause notice. Counsel submits that the show-cause notice dated 06.06.2024 which is part of the counter I-rled by the respondents was not received by the petitioner and in fact has not been received till date. Counsel also places an order passed by a Co-ordinate Bench on 26.03.2024 which record s inter alia that the Managing Director of the petitioner was directed to attend the proposed survey on 2a.O3.2O24 and that the Managing Director was arr€sted on 15.o3.2024.

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2- After hearing the learned Assistant Government Pleader for Mines appearing for the respondents, it appears that there may be a factual uncertainty as to whether the petitioner received show-cause notice dated 06.06.2024. The postal track report submitted by the respondents is liken on record.

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The petitioner by all means should be given an opportunity to respond to the show-cause notice or a fresh show-cause notice which may^{be issued}

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by the respondents. The respondents will only be permitted to take action against the petitioner upon any infraction/violation(s) of rhe Telangana State Minor Mineral Concession Rules, 1966.

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counsel for the petitioner will give the correct address of the petitioner to the Assistant Government Pleader for Mines in the course of the day.

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W.P.No. 16897 of 2024 is accordingly disposed of in terms of the above. The impugned notice dated, 24.06.2024 is set aside.

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Interim orders, if any, shall stand vacated and all connected applications are disposed of. There shall be no order as to costs.

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SD/.A.V.S.PRASAD ASSISTANT REGISTRAR /iTRUE COPY// /

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SECTION OFFICER

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1 The Principal Secretary ( Mines ), lndustries and Commerce Department. Secretariat Buildings, Saifabad, Hyderabad, State of Telangana 500 004

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2 The Director of Mines 86 ceology, H. No. 5-922, Flat No's 203 and 204,2nd Floor, My Home Sarovar Plaza, Shapur Wadi, Adarsh Nagar, Hyderabad 500 029

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