Allowed

M/s. Vikesh Metal Industries v. The State of Telangana

Telangana HC16 Dec 2024WP/34777/2024

Case brief

AI extract

What is this about?

The Court disposed of W.P. No. 34777 of 2024 and an ancillary order under Section 151 CPC, directing the State to dispose of a revision application by February 2025. The Petitioner was directed to deposit Rs. 20 Lakhs and the authority to issue dispatch permits by December 18, 2024, subject to the revision's outcome.

What did the court decide?

Petitioner to deposit Rs. 20 Lakhs; Respondent No. 4 to issue dispatch permits by 18.12.2024; Respondent No. 1 to dispose revision by 25.02.2025.

M/s. Vikesh Metal Industries Vs The State of… — Service and Employment | Telangana HC (2024)

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[³⁴⁰⁵ ]

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IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD (SPecial Original Jurisdiction)

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MONDAY, THE SIXTEENTH DAY^{OF DECEMBER} TWO THOUSAND AND TWENTY^FOUR

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PRESENT

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THE HONOURABLE JUSTICE^{MOUSHUMIBHATTACHARYA}

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WRIT PETITION NO: 34777^{OF 2024}

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Between:

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M/s. Vikesh Metal lndustries,^{Rep. by its Partner,Smt. S. Lalitha, Wo} Shivanandam, age 72^{years,7-1-G9,Plot No.Gg, Road No.SF, Panchavati} Colony, Manikonda, Hyderabad

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...PETITIONER

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AND

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The State of Telangana,^{rep- by its Secretary, lndustriesand Commerce} Dept., Secretariat, Hyderabad

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The Director of Mines and^{Geology, Governmentof Telangana,Hyderabad}

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The Deputy Director^{of Minesand Geology, Nizmabad Region, Nizamabad} District

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The Assistant Director^{of Minesand Geology, Sangareddy, Sangareddy} District

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...RESPONDENTS

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Petition under Article 226 of^{the constitutionof lndia prayingthat in the} circumstances stated in the^{affidavit filed therewith,the High court may be} pleased to issue writ, order or direction^{more particularlyone in the n2lure.of} wnlr or MANDAMUS, the^{actionof the RespondentNo.1 in not disposingthe} Revision Application dt.12t1112024^{filedby the writ Petitioner andnot issuing the} transit^permits, blocking the^{quarrylease lD pending revision applicationis} illegai, unconslitutionai^{and violativeof principlesof natural justiceand} consequently- "rUitrrrV, direct the^{respondent authorities to unblock the lD of the writ} petitioner and to issue transit permits to carry out the quarry operations^pending revision application before^{RespondentNo.1.}

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ANO:1 OF2024

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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 to direct}

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the respondent No.4 to issue the transit permits to the Petitioner to carry out the quarry operations, pending disposal of the writ petition.

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Counsel for the Petitioner: M/s. P. VIJAYA LAKSHMI

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Counsel for the Respondents: SRI K. GOUTHAM REDDY, ASST. cP FOR MINES AND GEOLOGY

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The Court made the following: ORDER

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I I

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, I

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THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA

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UIRIT PETITION NO.34777 OF 2024

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Mr. P. Vijaya Lakshmi, learned counsel appearing for the petitioner

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Mr. K.Goutham Reddy, the learned Assistant Government Plcader for Mines appearing for the respondents.

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ORDER:

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'lhe petitioner seeks a direction on the respondents for issuing dispatch permits pending a revision filed by the petitioner under Rule 35-A of The Telangana State Minor Mineral Concession Rules, 1966.

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The respondent No.4 issued a Demand Notice dated 05.A9 .2024 imposing seigniorage fs6 + penalty amounting to Rs. 1,87,37,620/ on account of alleged illegal mining done by the pelitioner.

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The petitioner compiains that the petitioner is not liable to pay any seigniorage fee or penalty since the seigniorage fee was already deducted from the petitioner's biils. It is also the case of the petitioner that the petitioner did not carry out any quarry operations outside the quarry lease area.

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This Court is also informed that the revision liled by the petitioner under Rule 35-A of 1'he Telangana State Minor Mineral

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Concession Rules, 1966, is pending before thc authorities SINCC 12.1.1.2024

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The petitioner essentiaily prays for a direction on the respondents l.o issue dispatch permits during the pendt:ncy of the revlslon

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Considering the submissions made on bchalf of :he parties and lhe orders passed by.,. this Court in similar circlrmstances, W.P.No.34777 of 2024 is disposed of directing the respondent No.1 Lo dispose of the revision filed by the petitioner by 25.02.2025. The petitioner shall deposit an amount of Rs.20,OO,0OO/- (Rupees Twenty Lakhs Only) before the authority concerned by 27.72.2024. The respondent No.4 shall issue the dispatch permits to the petitioner b,v 18,12.2024. Thc issuance of dispatch permils is subject to the outcome of the rcvision which is presently pending adjudication.

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All connected applications are disposed of. There shall be

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no order as to costs /. SD/. P. CH. NAGABHU SHAilIBA ASSTSTANT^RE GrsfRAR //TRUE COPY// N

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SECTION OFFICER

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To, 1- The Secretary,^{lndustriesandCommerce Dept', The State of Telangana'} Secretariat, HYderabad

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z. irre oiiect6r^{df Minesand Geology, Governmentof Telangana'.Hyderabad} 5. fii" oirpriv^{Directorof Mines and'Geology, Nizmabad Region'Nizamabad}

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o. ?J1txl.'.,"n1 Director^{of Mines and Geology, Sangareddv,sangareddy} District

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ona cc to M/s.^{P. VIJAYA LAKSHMI, Advocate} loPqc]

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o.twoCCstoGPFoRMINESANDGEoLoGY'HighCourtfortheStateol Telangana. [OUT]

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Two CD CoPies BN

CC TODAY

l I I I I I

HIGH COURT

DATED:1611212024

ORDER

WP.No.34777 o12024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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M/s. Vikesh Metal Industries v. The State of Telangana

Case brief

What is this about?

What did the court decide?

M/s. Vikesh Metal Industries v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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