Disposed

M/s. Nirmala Infra Projects v. The State of Telangana

Telangana HC17 Dec 2024WP/35324/2024

Case brief

AI extract

What is this about?

This is a single-paragraph order disposing of a writ petition seeking directions for transit permits and disposal of a pending revision regarding alleged illegal mining and seigniorage fees. The High Court directed authorities to act within specific timelines contingent on an interim security deposit, subject to the outcome of the revision.

What did the court decide?

Directing Respondents to dispose of revision by 31.03.2025 and issue transit permits by 18.12.2024, subject to deposit of Rs. 50,00,000/- by petitioner by 28.12.2024.

M/s. Nirmala Infra Projects Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[^340s I

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]N THE+IIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HONOURABLE JUSTICE MOUSHUMl BHATTACHARYA

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WRIT PETITION NO :35324 OF 2024

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Between:

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M/s. Nirmala lnfra Projecls, B_ep. oy its fi/g. partner Sri E. Ram Mohan Rao, s/o. Ypl'r(?!qr.qma^{N.qr:l{, Age 72 years,OccBusiness,R:/o. H. No. 2_ B_ d06/1,} tshavani Nagar, NGO Colony, Hanmakonda district, Telangana State.

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its principal Secretary- Cum- RevisionAuthority, (Mines and Geology)-tndustries and Comm6rce (Mines- i) Pepartment,^{Governrnentof T6langana, Secretariat} builOings, fan( eunO, Hyderabad, Telangana-

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2 The Director of Mines and Geology, My Home Sarovar Buihings, 2 floor, Saifabad, Hyderabad, Telangana.

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The Dy. Director of Mines and Geology, Warangal, District Warangal, Telangana

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The Asst. Director of lrriines and Geology, Warangal, Warangal district, Telangana.

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...RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the Respondent No. 1 in not disposing the revision application dt. 03. 12. 2024 tiled by the writ petitioner and not issuing the transit permits trlocking the quarry lease lDs pending revision application is arbitrary, illegal, unconstitutional and violative of principles of natural Justice and consequently 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 Respondent No.^.l .

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lA NO: 1 OF 2024

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Petition under Section^'15't CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to direct the Respondent No. 4 to issue the transit^permits to the Petitioner to carry out the quarry operations.

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counserrorthePetitio'""o*';I:ISISSRlrt=9llJ[tt^,"^?Irsr'counser'

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Counsel for the Respondents: SRI K.GAUTHAM REDDY, AGP FOR MINES & GEOLOGY

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The Court made the following: ORDER

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THE }ION'BLE JUSTICE MOUSHUMI BHATTACHARYA

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WRTT PETITION NO .35324 0F 2024

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Dr- Venkat Reddy Donti Reddy, lea.ned Senior Counsel representing Mr. Gouridevi Krishnaiah, learncd counsel for the petirioner.

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Mr. K.Gautham Reddy, learned Assistant Goveromenr pleader for Mines and Geologl appearing for the respondents.

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ORDER:

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' The petitioner seeks a direction on the r€spondents for issuing transit permits pending a revision hled 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 29.05.2024 imposing seigniorage fce + penalty amounting to Rs.16,38,44,008/- on accounr of alleged illegal mining done by the petitioner

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The petitioner complains that the petitioner is not liable to pay any seigniorage fee or penalty since the seigniorage fee was already deducted from the petitioner,s bills. 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 frled by the petitioner under Rule 35-A of The Telangana State Minor Mineral Concession Rules, 1966, is pending before the authorities since 03.12.2024.

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':-<6<,

The petrtioner essentially prays for a direction^otlthe respondents to issue transit permits during ther^{pendency o[ the} revlsron.

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Considering the submissions made on behalf of^{the parties} and the orders passed by this Court in similar^{circumstances,} W.P.No.35324 of 2024 is disposed^{of directing the respondent No.1} to dispose of the revision hled by the^{petitionerb5' 31.O3.2025.The} petitioner shall deposit an amount of Rs. 50,00,000/-^(Rupees Fifty Lakhs only) within 10 days from \8.12.2024^{and the respondents} shall issue transit permits, as^prayed for, to the^petrtionerby 18.12.2024. The issuance of transit^{permits is subject to the} outcome of the revision which is^{presently pendingadjudication.}

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

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SD/-B.CHANDRA^P SH ASSISTANT^REGITRAR

//TRUE COPY//

SECTION^OFFICER

To,

1 The Principal^{Secretary- Cum- Revision Authority' (Mines and Geology)} tndustries and^{commerce(iili;'t"-'iiij;p;6"n( Govemmentof relangana'} State of Telangrnr,^{s""'"t""'ili"d'irlrii6!'it"iEiund'Hvderabad' Telansana}

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2 The Director^{of Mines andGeology' My Home Sarovar Buildings'2 floor'} Saifabad,^{HYderabad,Telangana'}

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3 The Dy.^{Director of Mines and Geology'Warangal' DistrictWarangal'} Telangana

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4 TheASst.DirectorofMinesandGeology,Warangal,Warangaldistrict' Telangana.

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HIGH COURT

DATED:17 11212024

CC TODAY

ORDER

WP.No.35324 of 2024

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DISPOSING OF THE WRIT PETTTION WTHOUT COSTS

M/s. Nirmala Infra Projects v. The State of Telangana

Case brief

What is this about?

What did the court decide?

M/s. Nirmala Infra Projects v. The State of Telangana

Case brief

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What did the court decide?

What the court decided

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