Telangana High Court
M/S Sandiya International Granites vs The State Of Telangana on 28 October, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.31774 of 2025
ORDER:
Heard Mr.K.S.Murthy, learned senior counsel representing Mr.G.L.Narasimha Rao, learned counsel for the petitioner and learned Government Pleader for Mines and Geology appearing on behalf of respondents. With the consent of the parties, this writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition is filed seeking following prayer:
"...declaring the inaction of the respondents Nos.2 to 4 mainly the respondent No.4 who issued the present impugned notice vide Letter No.579/Q1/2007 dated 10.10.2025 for conduct survey in partial instead of comprehensive survey as per the letter vide Lr.No.579/Q1/2007 Dated 14.11.2013 and without providing the record of Pre- Quarry levels of hill lock for the subject leased hill is illegal arbitrary and against the Principles of Natural Justice and violative of Articles 14 and 21 of Constitution of India consequently / meantime direct the respondent No.2 and 4 forthwith unable to E- Trance to issue dispatch permits to the Petitioner by unblocking the 1)ID No 2011090146 extent of lease area 2-00 Hect lease period 27.08.2009 to 27.08.2029 2)2011090147 extent of leased area 2- 27 Hect leased period 28.08.2009 to 27.08.2029
3)2011090148 extent of leased area 1-00 Hect lease period 28.08.2009 to 27.08.2029 4)ID No.2011090352 extent of leased area 2-00 Hect lease period 12.10.2010 to 11.10.2029 and 5)ID No.2011100359 extent of leased area 5-30 Hect lease period 04.02.2010 to 03.02.2030 in Sy No.596 of Nagulamalyala Village, Kohapally Mandal, 2 Karimnagar District during the subsistence of lease period as per the orders pleased to passed by the Honble court vide W.P.No.25628 of 2025 dated 17.09.2025 and collect of normal seigniorage fee..."
3. Mr.K.S.Murthy, learned senior counsel appearing on behalf of Mr.G.L.Narasimha Rao, learned counsel for the petitioner would submit that the facts in the present case and the facts in W.P.No.25628 of 2025 which was disposed of by this Court on 17.09.2025 are one and the same and the present writ petition is filed in continuation to the non-compliance of the orders passed in W.P.No.25628 of 2025 and draws attention of this Court to the relevant paragraph of the said order which is extracted for reference:
"9. Since, the demand notices have already been set aside by this Court in W.P.Nos.9147 of 2025 and batch dated 02.07.2025, the petitioner firm may pay normal seignorage charges along with applicable statutory charges to the extent of the mineral excavated. Once the petitioner pays the said charges, the respondent authorities shall unblock the five IDs viz., i) 2011090146 ii) 2011090147 iii) 2011090148 and iv) 2011090352 and v) 2011100359 and issue dispatch permits allowing the petitioner to transport the material and take appropriate steps in accordance to law for further course of action. The respondent authorities are further directed to dispose of the representation of the petitioner dated 20.08.2025 for the purpose of conduct of re-survey within a period of 3 four (4) weeks from the date of receipt of a copy of this order.
10. Accordingly and with the consent, this writ petition is disposed of."
4. Learned senior counsel submits that the present writ petition is filed for non-compliance of the orders in W.P.No.25628 of 2025. Learned senior counsel submits that the Assistant Director of Mines and Geology (FAC), Karimnagar has addressed a letter to petitioner on 10.10.2025 requesting to attend for re- survey for DGPS/ETS Survey. The said request was made in terms of the directions given by this Court on 02.07.2025 and on the basis of Memo dated 03.09.2025 from the Director of Mines and Geology, Hyderabad. The petitioner was requested to attend the DGPS/ETS re-survey on 17.10.2025 at 10.00 AM with all the connected records. Learned senior counsel further submits that on the said date petitioner could not attend the survey and the same was informed to the Assistant Director, Mines and Geology and sought to defer the scheduled survey until the inter-district boundary dispute is lawfully resolved through the prescribed procedure.
4.1. Learned senior counsel submits that earlier on 09.07.2025, the petitioner addressed a letter to Assistant 4 Director of Mines and Geology, Karimnagar requesting to provide details of pre quarry levels to determine the exact quantity of material quarried and also requested to provide the relevant survey data or reports. However, the respondent authorities have not provided such details till date and that unless and until a joint survey and bifurcation are duly conducted along with Tahsildars and Surveyors as per letter dated 14.11.2013 and boundaries are fixed and pre-quarry levels of hillock (length and height) are provided, it is not feasible to proceed further in compliance of letter dated 10.10.2025.
4.2. Learned senior counsel further submits that the subject land is having common boundaries with two mandals and two districts and unless proper survey is done, it would be difficult to ascertain the exact quantity of material being quarried and that unless a proper survey is done, defining the extent of boundaries, the petitioner could not respond to the demand of the respondent authorities. Learned senior counsel further submits that respondent authorities have empanelled surveyors, but the said empanelled surveyors would not give required information, without which, the petitioners cannot ascertain the demand to be paid by the petitioner as per the lease agreement. Learned senior counsel further submits that if there is a joint 5 inspection, petitioners may be enabled to join in the said joint inspection in correlation with the schedules mentioned in the lease agreement and in that regard, respondent No.2 may be directed to undertake a joint survey along with the petitioners.
4.3. Learned senior counsel further draws attention of this Court to the communication dated 17.07.2025 addressed by respondent No.4 to respondent No.2 annexed along with the counter affidavit of respondent No.4 whereby respondent No.4 requested to enable the e-trans option of blocked IDs of the 5 quarry leases of the petitioner, in the Department Web Portal. Thereafter, another letter was issued on 20.09.2025 by respondent No.4 to respondent No.2 requesting to enable the 5 quarry leases held by the petitioner, as per order of this Court in W.P.No.25628 of 2025 dated 17.09.2025.
5. Learned Government Pleader for Mines and Geology appearing on behalf of respondents, on instructions, would submit that now the matter is pending before respondent No.2 and that respondent authorities are ready to conduct re-survey of the subject lands which has been leased out to the petitioner for the purpose of mining.
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6. Heard learned counsel on either side and perused the material on record.
7. In that view of the matter, since respondent No.4 has already communicated to respondent No.2 with regard to unblocking of (5) quarry lease IDs viz., ID Nos.i) 2011090146
ii)2011090147 iii) 2011090148 and iv) 2011090352 and
v)2011100359, let the said (5) quarry lease IDs be unblocked and dispatch permits be granted by the respondent authorities to the petitioners within a period of two (2) weeks from the date of receipt of a copy of this order and the petitioner shall pay normal seignorage charges along with applicable statutory charges to the extent of mineral excavated. It is also clarified that respondent No.2 is directed to conduct a joint inspection along with petitioner by putting a 15 days prior notice to the petitioners and after conducting joint inspection, the respondent authorities shall give all the relevant material papers enabling the petitioner to discharge their liability on the subject quarry lease. It is made clear that, for the purpose of re-survey, if the petitioner seeks any information for further course of action, respondent authorities may furnish the same. The petitioner is at liberty to file objections to the joint inspection report, if any. 7
8. Accordingly and with the consent, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 28.10.2025 mrm