Allowed¶36

M/S.Sai Rohit Metal Industries v. the State of Telangana

Telangana HC8 Jul 2025WP/35387/2024

Case brief

AI extract

What is this about?

Telangana High Court writ petition (W.P.No.35387 of 2024, Justice Pulla Karthik, 08.07.2025) allowed; TGSPDCL Divisional Engineer's power-disconnection notice dated 11.12.2024 against stone-crushing unit over Mines Department dues set aside; petitioner shown to have paid 20% of admitted amounts under One Time Settlement (OTS) Scheme (demand notice dated 15.05.2024, T.S. Minor Mineral Concession Rules, 1966); no costs.

What did the court decide?

The impugned disconnection notice dated 11.12.2024 issued by respondent No.4 was set aside; no order as to costs. ¶36

M/S.Sai Rohit Metal Industries Vs the State of… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

The impugned disconnection notice dated 11.12.2024 issued by respondent No.4 was set aside; no order as to costs.

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Issue for consideration

Whether the notice dated 11.12.2024 (Lr.No.DE/OP/IBRAHIMPATNAM/F.No.NOTICE/D.No.3324/24-25) issued by Respondent No.4 directing disconnection of power supply to the petitioner's stone crushing unit until alleged dues to Respondent No.5 (Mines Department) were cleared, without any notice from that department, is arbitrary, illegal and contrary to the principles of natural justice, warranting that the notice be set aside. +1 more

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Court's answer

In view of the Standing Counsel's report that the petitioner had paid towards 20% of the admitted amounts under the OTS Scheme (undisputed by petitioner's counsel), the writ petition is allowed and the impugned notice dated 11.12.2024 issued by respondent No.4 is set aside; there shall be no order as to costs.

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Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Justice Pulla Karthik), W.P.No.35387 of 2024, decided 08.07.2025. M/S. Sai Rohit Metal Industries, a partnership firm operating a stone crushing unit, challenged the notice dated 11.12.2024 (Lr.No.DE/OP/IBRAHIMPATNAM/F.No.NOTICE/D.No.3324/24-25) issued by the Divisional Engineer (Operations), Ibrahimpatanam, TGSPDCL (Respondent No.4), which directed disconnection of power supply to the unit unless alleged dues to the Mines Department (Respondent No.5) were cleared, contending the action was arbitrary, illegal and contrary to natural justice and Articles 14, 19(1)(g) and 21 of the Constitution. On hearing, the Standing Counsel for TGSPDCL reported that, pursuant to a demand notice dated 15.05.2024 issued by Respondent No.5 under Section 3a(1) of the T.S. Minor Mineral Concession Rules, 1966, the petitioner had paid an amount through Challan bearing No.640478600O, dated 29.03.2025, towards 20% of the admitted amounts under the One Time Settlement (OTS) Scheme for the petitioner's revision application, which petitioner's counsel did not seriously dispute. In view thereof the writ petition was allowed, the impugned notice was set aside, and no order as to costs was made.

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[³³⁰¹ I

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. HIGH COURT^{FORTHE STATE OF TELANGANA} AT HYDERABAD (SPecial Original^{Jurisdiction)}

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TUESDAY,^{THE EIGHTH DAY OF JULY} TWO THOUSAND^{AND TWENTYFIVE}

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PnLserr

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THE HONOURABLE^{SRI JUSTICEPULLA KARTHIK}

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WRIT PE^{TITIONNO: 35387oF 2024}

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Between:

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M/S.Sai^{Rohit Metallndustries'A Partnershiofirm' Representedby its} Partner. G.C.Malakondailr',^{56 k""0'iir'. Cho*d" Aqed about 70 years'} ir.c;l'Bitl""-si^{Fv".-p[i'r'r'tiz'oiln'no'o r'ro z8 Jubiiee Hills' Hvderabad'}

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...PETITIONER

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AND

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1 The state^{of Telangana, Rep by its Principal secretary Energy Department'} Secretariat,^HYderabad.

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2 ThesouthernPowerDistributionCompanyofT.G.Li.mited,Repbyits rvir"r,ig"lib 6ir*i;;,^{olr 6ri -6ci,rritini Compbuno' Hlderabad-So0 063'}

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3 The Suoerintendent n,'"#Hiiiov'oiiiitt^{Engineer (Operations)' Saroornagar Circle' TGSPDCL'iji"lp6i )'r"Jib: c"r-a'r.t"z Sairiasarcolony, Alkapuri'} RanIa ReddY^{District-500035}

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The Divisional^{Engineer Elect Operations'lbrahimpatan*n'TGSPDCL}

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E The Assistant^{Director MinesAnd Geology, Ranga Reddy bistrict At} il']t5#ti'^{c,ir rE;6;'B ri iJi} "s. Ko n^g a rakal"d n^{Ran ga Redd v}

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,..RESPONDENTS

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Petition under^{Article 226 of lhe Constitutionof lndia prayingthat in the} circumstances^{statedin the affidavitfiledtherewith' the High Courtmay be} pleased to issue^{an appropriate Writ' Order or Direction' more particularly one in} the nature^{of Writ of Mandamus, questioning the action of the Respondents more} particularly Respondent^{No 4 in issuingthe Notice Dated1 1'12'2024' vide Lr' No'} DE/OP/IBRAHll\ilPATNAM/FNoNOTICE/D'No'3324t24-25fordisconnectionof power supply of^{Petitioner stonecrushing unit contendingto clear the alleged dues} to the Respondent^{No.5 Mines Department'without there being any due notice} from it^iS arbitrary,^{illegal, bad under law, againSt the principlesof natural Justice}

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and in vioration of Articres 14, 1g(1xg) and 21 0f the constitution of rndia and consequenfly to set aside the Notice Dated 1 1.12.2024, vide Lr.No.DE /Op/ IBRAHIMPATNAIT,,I /F. No NOTICE /D.No.3324 124-25, issued by the Respondent No.4.

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IANO:1OF2 024

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Petition unoer Section 15.1 C PC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pteased to SUSPEND the impugned Notice Da ted 11.12.2024, vide Lr. No. DE/Op/tBRAHilV PATNAM/F. No. N OTTCE /D.No.3 324 124-25 issued by the Respondent No.4 pending disposal of the Writ petition.

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Counsel for the^petitioner: SRt K. PRADEEP REDDY Counsel for the Respondent No.1: Gp FOR ENERGY

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Counsel for the Respondent Nos.2 to 4: SRI N. SREEDHAR REDDy, SC FOR TGSPDCL

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Counsel for the Respondent No.5: cp FOR MINES AND\ GEOLOGY The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

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W.P.No.35387 of 2024

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ORDER:

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The writ petition is frled with^{the followingprayer:}

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"to issue an appropriate Writ, Order^{or Direction,more} particularly one in the nature of Writ of^Mandarnus, questioning the action of the Respondents^more particularly Respondent No.4 in issuing the^{Notice, dated} 11.12.2024 uide Lr.No.DE/OP/IBRAHIMPATNAM/F.No.' NOTICE/D.No.3324124-25 for disconnection^{o[ power} supply of Petitioner stone^{crushing unitcontendingto} clear the alleged dues to the^{RespondentNo-5 Mines} Department, without there being any^{duenotice from it is} arbitrar5r, i11egal, bad under law,^{against the principles ol} natural Justice and in violation^{of Articles1a, 19(1)(g)} and 21 of the Constitution of^{India and consequentlyto} set aside the Notice, dated^{11.12.2024 uide\Lr'No.DE/} OP/ IBRAHIMPATNAM /^{F.No.NOTICE/D. No.3324} /^24'2s issued by Respondent No.4".

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2 Heard Sri K.Pradeep Reddy,^{learned counselfo1 the petitioner;} learned Government Pleader^{forEnergrforrespondent No.1;} Sri N.Sreedhar Reddy, learned^{Standing Counselfor TGSPDCL} appearing for respondent Nos.2 to^{4; and learned Government} Pleader for Mines and Geologz^{appearingfor respondentNo'5'}

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When the matter is taken up,^{learnedStanding Counsel for} TGSPDCL, on instructions,^{submits that as per the demand notice,} dated 15.05.2024 issued^{by respondentNo.Sunder Section 3a(1) of}

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T.S. Minor IV1ineral Concession Rules, 1966, the petitioner_Company has paid arr amount of Rs.3g,g2,497 /_ through Challan bearing No.640478600O, dated 29.O3.2O25 towards 2Oo/o of the admitted anounts under One Time SettleLent (OTS) Scheme to respondent No.S, for the revision application filed by the petitioner. The same is not seriously disputed by learned counsel for the petitioner.

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In vieq' of the above, this Writ Petition is allowed and the impugned notice, dated 1I.12.2024 uide Lr.No.ADE/Op/ IBRAHIMPATNAM/F.No.NOTICE/D.No.3324/24_25 issuecl by respondent No.4 is hereby set aside. There shall be no order as to costs

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sD/ S.GOWRI SHANKAR STANT REGISTRAR //TRUE COPY' SECTION OFFICER

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To,

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'l . The Principal Secreta ry Energy Department, Secreta at, fhe State Of Telangana, Hyderabad

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The Managing Director, The Southern Power Distribution Com pany of T.G Limited, 0/o.6-'1-50, Mint Compound, Hyderabad-500 063

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The Superintendent En grneer (Operations), Saroorna gar Circle, TGSPDCL, Ranga Redd y District 0 lolPlot No.10, Road No.2, Sai nagar Colony, Alkapuri, Ranga Reddy District-500035

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4.r he Divisional Engineer Elect Operations, lbrahimpatanam, TGSPDCL

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