Disposed¶38

Kesoram Cement, v. Asst. Director of Mines and Geology

Telangana HC7 Apr 2025WP/8635/1992

Case brief

AI extract

What is this about?

Telangana High Court, order dt. 07.04.2025 in WP 8635 of 1992 (filed 1992) - Kesoram Cement v. Asst. Director of Mines & Geology and others; consent disposal in terms of common order in WP 5853 of 1992 and batch (dt. 27.09.1992); subject: AP(T)DB cess and A.P. Mineral Rights Tax demand dt. 23.05.1992; conditioning of Singareni Collieries coal permits on payment; Art. 226 Constitution of India; S. 151 CPC interim applications; no order as to costs; miscellaneous petitions closed; bench: ACJ Sujoy Paul and J. Renuka Yara.

What did the court decide?

Writ petition disposed of in terms of the common order passed in WP.No.5853 of 1992 and batch dated 27.09.1992; no order as to costs; pending miscellaneous petitions (IA Nos. 1 and 2 of 1992) stood closed. ¶38

Kesoram Cement, Vs Asst. Director of Mines and… — Writ and Judicial Review | Telangana HC (2025)

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[³⁴⁴⁶ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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IMONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY^PAUL AND THE HONOURABLE SMT JUSTICE RENUKA YARA

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WRIT PETITION NO: 8635 OF 1992

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Between:

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Kesoram Cement, prop: Kesoram lndustries limited,^Basantnagar, . Karimnagar Districrt, Rep by its l\ilanager^{(Accounts)-Sri N.Hariharan.}

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...PETITIONER

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AND

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1 Asst. Director of lvlines AND Geology, Karimnagar. 2 Director of Mines & Geology, Burgula Ramakrishna^{Complex, 8th Floor,} Hyderabad.

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3 State of A.P., Rep by its Secretary. lndustries and^{CommerceDepartment,} Secretariat, Hyderabad.

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4 Union of lndia, Rep by its Secretary. Ministry of Mines,^NewDelhi.

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5 Singareni Collieries Co.Ltd., Rep by its Secretary. Hyderabad.

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...RESPONDENTS

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Petition under Article 226 ot the Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe} pleased to issue a Writ of Certiorari or other appropriate writ or direction,^quashing the demand dated 23105/1992 and restraining the^{respondents1 to 3 from making} any assessment, levy and\or collection of cess or^{mineralright tax from this} petitioner and Sth respondent from making it a condition upon the^paymentfor issuing coal permits for dues of the^period beyond^{2111211989in case of AP(T)DB} cess and 1210411990 in case of APMR tax

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l.A. NO: 1 OF 1992^(WPMP. NO : 10660 OF¹⁹⁹²⁾

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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 courtmaybe pleased to direct} the Singareni Collieries Co.Ltd., Hyderabad not^{to withhold coal permits for non} payment of the demand by the petitioner in future on the^ground of non^paymentof any APTDB cess and /or A.P.Mineral^{Rights Tax as demanded underthe}

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--t

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impugned demand for the period upto 0410411991 or any othe.r date pending disposal of the above W.P.

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l.A. NO: 2 OF 1992(WPMP. NO: 1 0661 0F 1992)

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Petition undr-'r Section^'151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be prleased to grant stay on all further iaction/s pursuant to and under demand Ref.No Corp/CA/Cess dated 23105/1992 cf the 5th respondent pending disposal of the abrrve W.P.

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Counsel for the Petitioner: Ms. V UMA DEVI

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Counsel forthe Respondent Nos.1 to 3: SRI K. SHANTAN RAO AGp FOR INDUSTRIES & COMMERCE

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Counsel for the Respondent No.4: SRI GADI PRAVEEN KUMAR Dy. SOLICITOR GENERAL OF INDIA

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Counsel for the Respondent NO.S: SRt P SRI HARSHA REDDY (SC FOR SINGARENt COLLTERTES CO LTD)

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The Court made the following: ORDER

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I iit I {'i I

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-ffiy:--.*r|.r
,::

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THE HON'BLE THE ACTING CHIEF^{JUSTICESUJOY PAUL} AND

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THE HON'BLE SMT JUSTICE RENUKA^YARA U/RIT PETITION No.8635 of¹⁹⁹²

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ORDER^(Per the Hon'ble^{the Acting Chtef JusticeSujog Poul)}

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Ms.V.Uma Devi, learned^{counsel for thepetitioner;}

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Sri K. Shantan Rao, learned^{Assistant Gove-rnmentPleader for} Industries and Commerce, for^{respondent Nos. 1 'to 3and} Sri Gadi Praveen Kumar,^{learnedDeputy SolicitorGenerai of India,} for respondent No.4.

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With the consent hnallY heard.

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At the outset learned counsel^{for both sides,fairly, submits} that this matter is similar^{to WP.No.5853 of 1992 and batchand} since those^{petitionshave already been decided,this writ petition} may be disposed of in^{terms of commonorderpassed in aforesaid} WP.No.5853 of 1992^{and batch, dated 21.O9'1992'}

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In view of the consensus^{arrived at, this Writ Petitionis} disposed of in terms of^{common order passedin WP'No'5853of} 1992 and batch, dated^{27.O9.1992. No order as to costs'}

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Miscellaneous Petitions P^{ending,if any, shall stand closed}

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To,

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SD/.K.AMMAJI DEPUTY^REGISTRAR SECTION^OFFICER

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//TRUE^COPY//

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