M/s. Balaji Minerals and Chemicals Vs The… — Writ and Judicial Review | Telangana HC (2025)

M/s. Balaji Minerals and Chemicals Vs The… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage: liberty to the petitioner to furnish the certificates/orders mentioned in the notice dated 13.03.2025 within two weeks, and directions to the respondent authorities to consider the same and pass appropriate orders expeditiously, preferably within three weeks from receipt of the required certificates/orders; no opinion expressed on merits; miscellaneous applications closed; no costs.

Issue for consideration

Whether the inaction of Respondent No.1 in not disposing of the petitioner's online Quarry Lease renewal application dated 13.03.2025 for the quarry lease area of 4.90 Hectares in Sy.No.285/1 of Kotmarpally Village, Marpalle Mandal, Vikarabad District is illegal, arbitrary and contrary to the provisions of the T.S. Minor Mineral Concession Rules, 1966? +1 more

Court's answer

Liberty was granted to the petitioner to furnish the certificates/orders mentioned in the notice dated 13.03.2025 within a period of two (02) weeks.

Ratio / Principle

The respondent authorities were directed to consider the certificates/orders so furnished and pass appropriate orders as expeditiously as possible, preferably within a period of three (3) weeks from the date of receipt of the required certificates/orders.

Key takeaways

The Court made it clear that it had not expressed any opinion on the merits of the case, and it is for the respondent authorities to pass orders strictly in accordance with law.ratio¶47
With the above directions, the writ petition was disposed of (taken up for disposal at the admission stage itself with the consent of counsel).ratio¶48
Miscellaneous applications, if any pending, shall stand closed; no order as to costs.ratio

Detailed headnote1 paragraphs

Writ petition under Article 226 by a quarry lease holder (white clay and laterite, Sy.No.285/1, Kotmarpally Village, Marpalle Mandal, Vikarabad District) seeking a mandamus to declare the 1st respondent's inaction in not disposing of its online quarry lease renewal application dated 13.03.2025 - filed before expiry of the lease on 16.03.2025, with fees of Rs.8,84,300/- - as illegal, arbitrary and contrary to the T.S. Minor Mineral Concession Rules, 1966, and to direct its disposal within a fixed time; an interlocutory application sought unlocking of Quarry Lease ID No.152205034 and issuance of dispatch permits. Respondent No.2's notice dated 13.03.2025 had required a scrutinized quarry plan with Environmental Clearance and Consents for Establishment and Operation within six months; the petitioner had submitted only a draft quarry plan with a Rs.5,000/- challan on 20.03.2025. Recording submissions of counsel on either side, the Court disposed of the petition at the admission stage, granting two weeks to furnish the required certificates/orders and directing the respondents to consider the same and pass appropriate orders expeditiously, preferably within three weeks of their receipt, expressly without expressing any opinion on merits. Miscellaneous applications were closed; no order as to costs.

II

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

WEDNESDAY, THE^{TENTHDAY OF SEPTEMBER} TWO THOUSAND AND^TWENTYFIVE

PRESENT

THE HONOURABLE SRI^{JUSTICEN.V.SHRAVAN KUMAR}

WRIT PETITION^N O:2^{7141 0F 2025}

Between:

Sio, G. M/s. Bala.li lvlinerals and^{Chemicals,Proprietor' GNarsimlu} ilutrvinr,'nlo. U.^{No +-S-SS, Bus StandRoad Vikarabad 501 101} Rep by its auifrori2eO signatory^{Sri G. Anil Kumar S/o. G N/anikya Rao'}

..PETITIONER

AND

1 The Director of^{tvlines and Geology,2nd Floor, My Home Sarovar Plaza'} sf,ir.rpriwioi, Adarsh^{Nagar, Secr5[ariat Road, Hyderabad 500 029'}

2 The Deoutv Director of^{Mines and Geology,East Yadav Nagar'} Ramakridhnipuram,^{L.B Nagar, Hyderabad 503 035.}

3 The Assistant Director^{of lt/linesand Geology, New Building_, opp.. Vinayaka} Temple Road, Pathakunta,^{Adarshnagar, Saipur,Tandur Town,vlKaraoao} District 501^141.

4 The State of Telangana,^{Rep. by its PrincipalSgcletay(. Mines ),^lryT[g^:} and Commerce^{(tvlines; Department, Dr' B.R Ambedkar secretarlat} Buildings, Saifabad,^{Hyderabad 500 004.}

...RESPONDENTS

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Petition under Article^{226 ol the constitution of lndia praying that in the} circumstances^{statedin the affidavit filed therewith, the High court may be} pleased to issue a writ, order^{or directionmore so one in the nature of} MandamusdeclaringtheinactiononthepartoftheRespondentsmore particularly the^.1st Respondent^{herein in not disposing of the online Quarry} Leaseapplicationdt.l3i0312025withregardtotheQuarryleasearealegallyand validly held by the^{Petitioner in an extent of 4.90Hectares in Sy No 28511 of} KotmarpallyVillage,Marpallett/landal,VikarabadDistrictasillegal'arbitrary' contrary to the^{provisions of the T.S. tr/linor Mineralconcession Rules, 1966 and}

consequently din)ct^{the 1st Respondentherein to dispose of the samewithina} fixed period of^{tir1e, in the interest of mineraldevelopment' law and justice'}

IA NO: 10F²⁰²¹⁾

Petition urlder^{Section151 CPCprayingthat in the circumstancesstated} intheaffidavitfiedinsupportofthepetition,theHighCourtmaybepleasedto direct the^{Respr>ndentsherein more particularly the 1st Respondent hereinto} unlock the Quarry^{lease lD No. 152205034',land issuedispatch permits in favour} of the Petitioner^{with regardto the Quarrylease area legallyand validly heldby} the Petitioner^{ir an extent of 4 90 Hectaresin Sy'} No 285/1^{of KotmarPallY} which it maY^resultin Village, Marpalle^{Mandal, VikarabadDistrict failing} irreparable^{loss and hardship to the interest of the Petitioner'}

Counsel for the^{Petitioner: SRI PANNALA SRINIVAS}

Counsel for^{the Respondents:AGP FOR MINES& GEOLOGY}

The Court made^{the following: ORDER}

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THE HONOUITABLE SRIIUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION No.27141 of 2025

ORDER:

Heard lcarned counsel for the petitioner and learned Assistant Govemment Pleader for Mincs and Geology appearing for respondent Nos.1 to 4 with their consent, this writ petition is being taken up for disposal at the admission stage itself.

2 This writ petition has becn filed seeking the following prayer:_

"...to issLrc n turit, order or tlirection trcre so one in the nnture of Mnnrlatnus declnring the innction on tlrc pnrt of the Respottdents moie particularly tlu 1't Respondent lrcrein in not disposing of the Online Quarry^{Lease application} rkterl 73.03.2025 zuith regari to the euarry lense area legally-yd aalidty lrcId by the petitioner in an ettent if 4.9b !15tnr1s^{in Sy.No.285/7of KohnarpallyVillage,MarpalleMandal,} YYrf!il^{Districtns iLlegnl, nrbitrnry,cintrnrylotheproaisionsof tlrc} T.S. Minor Mincrnl Concessiort ktles,^-1966 and_ consequently iirect lhe 1st Respondent lrcrein to disytose of the sLme u,ithin a fixert fenod of tinte, in the itterest o.f minertl dettelopntent, laro nntl just7ce...,,

Brief facts stated in this writ petition are that the then Government oI Andhra Pradesh zrldz G.O.Ms.No.40 Industries and Commerce (MinesJ) Departmen! dated 16.02.2005, granted mining lease to the petitioner for extraction of the Minerals-white clay ancl Laterite, in an extent of 6.0 hectares in Survey No.285/1 of Kotmarpally Village, Marpalle Mandal, Ranga Reddy District, for a period of 20 ycars. Thereafter, a Lease Deed was executed and the petitioner was permitted to commence the mining operations for l4rhite Clay and Literite for a period of 20 years i.e., from 77.03.200s to 16.03.2025. It

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is further submitted that in thc year 20L4, because or' .ertain circumstance beyond the control of the petitioner, the Mining leasc got lapsed a^d the petitioner has filed an application under Rule 2g(1) of the \rineral Concession Rules, 1960 and the responclent authorites z;ide Merno bcar.ing No.10457/M.[/ 2013-2 dated 78.12.2014, grantcd permissio.r to the petitio,er to concluct the mining opcr,rtion for the balance left over leasc periocl 1.c., upto 16.03.2025. Tl-rereafter, t.re peLitioner had obtained Environmenta[ (-learance Cer.tificate datcd 16.10.2015 from the Office oI State Level Err ironment Impact Assessment Authority, Telangana Stalc, Government o: lr.rclia, Mi,istry of E.vi'onmenl, Forest and Clirnate Crrangc and the sar.e is r';rricr for a per.iod of 13 years or the expiry of Mining lease period, whichevcr. is earlicr. On 27 .05.2076, tL e petitioner had obtained Consent orcler for, operation from the T.s.P.c.B Zcnal officcr, Hyderabad. Later, a fresh c.user-rr orcler datecr 02.12 2021 wiLs also obtained. The case of the petitioner. is that since the lease pcriod will ctme to an end on '16.03.2025, the petitioner through online, has filed rcnewal application on 13.03.2025, duly payi*g tl. r.enewal fees, user cirarges and application fee for an amount of Rs.g,84,300/ _ in terms of the G.O.Ms.No.2ri, dated 31.03.2022. Thereafter, respondent No.2, olde notice No.LOI/R/VKB/0029 ctate<i 73.03.2025, requested the pctitioner to submit scrutinized Quarry plan along with the environmental clcarance and consent orders from t.-r. co.cerned authorities, within a period of (06) six mo.ths from the date of notice. Thereafter, the petitioner on 20.03.1025, along with a challan for Rr;.5000/- had subrnitted the draJt euarry plan and requeste<I to

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renew thc license, howevcr, till date the petitioner's application dated 73.03.2025 is not considered. Aggrieved by the same, this writ petition is filed.

Learned Assistant Government Pleader for Mines and Geology appearing for respondcnt Nos.1 to 4 has drar,t s attention of this Court to the notice dated 13.03.2025 issucd b1, respondent No.2, relcvant portion 1S extracted hereunder:-

"As per TSMMC RtLles, 1996 the renerunl npplicont is requested to submit Scrutinized Qunrry Plnn along ruith EmtironnLental Clenrance; Consent lor Establishment nnd Consent for Operntion fi'om^{the autlnrity conccrned utitltin (6) nonths} lrom^{the date of this} notice so as to consider the reneu,al of Quarry Lease."

Learned Assistant Govcrnment Pleader furthcr submits that thc petitioner on 20.03.2025 had only submitted a draft Quarry Plan ancl failed to submit the Environmental Clearancc, Consent for Establishment and Consent for Operation ordcrs from thc authority concerned, hence, the petitioner application dated 13.03.2025, for rcnewal of licensc was not considered further

At this stage, learncd counsel for the petitioner submits that the petitioner is ready to furnish the required clocuments as stated in the notice dated 13.03.2025 and pray this Court to direct the respondent authorities to consider the same and pass orders in a timc bound period.

Recording the submission made by the learned coursel on either side and in view of the fact that the respondent No.2 uitle notice bearing

1

No.LOI/R/'Kts/0029 da.ted 73.03.2025, has requested the petitioner to submit the licrutinized Quarry Plan along with Envir.nental Clearancc., Conse^t for Establishment and Consr:r.rt for operation :rom the authority conccrned arrd the petitioner on 20.03.2025, has only submittcd thc draft Quarrv^planand failed to submit othcr ccrtificatcs/ o1.d,ir:s as rncntio.ed i. notice datcrl L3.t)3.2025, this Court clecms it appropriate t. tlispose of thc writ petition grartirg liberty to petitioncr to [u'rish the ct,r.tificates/ orclers as mentio,ed ir the notice dated 13.03.2025 within a perioLl rrf t,o (02) n,ccks fror. the datr: oi receipt of copy of this orc{cr and thereaficr, the rcsp.ndent authorities atc directed to considcr thc sarnc aud pass appropriatc orders, as cxpeclitiously as possible, preferably, withi, a period of three (3) w,ccks from thc date of rc:eipt of the required certifica tes/ orders. It is made clcar that this Court had noL expressed any opinion on tlrc mcrits of the ,:.rse a,d it is for tlrc respondent arrthoritics to pass orders strictly in accordarrct, rvith larv.

With the above directions, this writ petitior., is clisposed of.

Misccllaneour; applications, if any pe,ding, shall stand closccl. No order as tc.r costs.

SD/-MOHD. ISMAIL DEPUTY REGISTRAR //TRUE COPY// secrto€rrrcen

To,

1 The Director of l\ilines and Geology,2nd^{Floor, My Home SarovarPlaza,} Shahpur Wedi, Adarsh Nagar, Secreiariat^{Road, Hyderabad 500029.}

2 The Deputy Director of Mines and Geology,^{East Yadav Nagar,} Ramakrishnipuram, L.B. Nagar, Hyderabad 503^035.

The Assista rt Director of Mines and^{Geology,New Building, Opp. Vinayaka} Temple Ro:rd, Pathakunta, Adarshnagar, Saipur,^{Tandur Town,Vikarabad} District 501 141.

The Principal Secretary^{(Mines), lndustries and} -Commerce^(Mines) Department Dr. B.R. Am'bedkar S6cretariat^{Buildings, Saifabad'Hyderabad,} State of Telzrngana- 500 004.

../

One^{CCto SRIPANNALA SRINIVAS' Advocate[OPUCI}

& GE.L.GY'^{Hishcourt for the state of}

t +x3.3:;:,g;.:,:r"Jt'J5f,

Two^{CD CoPies}

BSR BS ry

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HIGH COU RT

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DATED:1010912025

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ORDER

WP.No.27'141 of 2025

DISPOSING OF THE WRIT PETITION,

WITHOUT COSTS

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Procedural history

How this case reached the court

AI extract

Order under challenge
Inaction of Respondent No.1 (Director of Mines and Geology) in not disposing of the petitioner's online Quarry Lease renewal application dated 13.03.2025 in respect of 4.90 Hectares in Sy.No.285/1 of Kotmarpally Village, Marpalle Mandal, Vikarabad District¶18
Director of Mines and Geology (Respondent No.1)
Prior proceeding
Mining lease for white clay and laterite over 6.0 hectares in Survey No.285/1, Kotmarpally Village, Marpalle Mandal (then Ranga Reddy District) granted for 20 years by G.O.Ms.No.40, Industries and Commerce (Mines) Department, dated 16.02.2005¶34
Prior proceeding
Lease deed executed; petitioner permitted to commence mining operations for 20 years, i.e., 17.03.2005 to 16.03.2025¶34
Prior proceeding
Mining lease lapsed in 2014; petitioner applied under Rule 28(1) of the Mineral Concession Rules, 1960 and by Memo No.10457/M.I/2013-2 dated 18.12.2014 was permitted to conduct mining for the balance lease period up to 16.03.2025¶37
Prior proceeding
Environmental Clearance Certificate dated 16.10.2015 obtained from the State Level Environment Impact Assessment Authority, Telangana State¶37
Prior proceeding
Consent for operation obtained from TSPCB Zonal Officer, Hyderabad on 27.05.2016; fresh consent order dated 02.12.2021 also obtained¶37
Prior proceeding
Since lease period was to end on 16.03.2025, petitioner filed online renewal application on 13.03.2025 paying renewal fees, user charges and application fee of Rs.8,84,300/- in terms of G.O.Ms.No.2ri dated 31.03.2022¶37
Prior proceeding
Respondent No.2 issued notice dated 13.03.2025 to the petitioner¶41
Prior proceeding
By the said notice, the renewal applicant was required to submit a scrutinized quarry plan along with Environmental Clearance, Consent for Establishment and Consent for Operation within six months, for consideration of quarry lease renewal¶42
Prior proceeding
As submitted by the learned AGP, the petitioner on 20.03.2025 had only submitted a draft quarry plan and failed to submit the Environmental Clearance, Consent for Establishment and Consent for Operation orders, hence the application dated 13.03.2025 was not considered further¶43
Prior proceeding
Petitioner's case: on 20.03.2025 it submitted the draft quarry plan along with a challan for Rs.5,000/- and requested renewal of the licence¶37
Prior proceeding
The petitioner's application dated 13.03.2025 was not considered till date; aggrieved thereby, the writ petition was filed¶40