Telangana High Court
M/S. Vip Bricks vs The State Of Telangana on 30 April, 2026
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.14551 OF 2026
DATE OF ORDER: 30.04.2026
Between:
M/s. VIP Bricks
...Petitioner
AND
The State of Telangana
Represented by its Principal Secretary,
Industries & Commerce (Mines and Geology)
Department, Secretariat, Hyderabad and others.
...Respondents
ORDER :(ORAL) This writ petition is filed by the petitioner seeking to declare the action of the respondent authorities in not considering its representations dated 22.01.2026 and 03.02.2026 seeking extension of time to lift the mineral, ordinary earth quantity of 15,883 metric tons, which is stocked in Survey No.207/1, Ooracheruvu of Kothapalli Village, Peddapalli Mandal and District, as being illegal, arbitrary and unconstitutional.
2. Heard Ms. Mukkera Sahithi Sri Kavya, learned counsel for the petitioner; Mr. K.Gautham Reddy, learned Assistant Government Pleader for Mines and Geology, appearing for the respondents; and perused the material on record.
3. It is submitted that the petitioner is having a brick kiln industry in Survey No.87b/a and 88b of Gowreddipet Village, Peddapalli Mandal and District. The brick kiln unit was registered vide registration No.51/Bricks/2021-23 dated 2 10.05.2022. The petitioner was granted permission for excavation of ordinary earth/stilt from Ooracheruvu of Kothapalli Village, Peddapalli Mandal and District for a quantity of 2412 metric tons for exclusive supply for manufacture of bricks vide proceedings No.57/ORD/Earth/2022 dated 25.05.2022 issued by respondent No.4. It is further submitted that the petitioner excavated the ordinary earth for the purpose of manufacturing bricks within the area earmarked by the irrigation authorities and the petitioner transported the mineral by obtaining valid permissions and by paying required seigniorage fee from time to time. That permission to excavate the ordinary earth was given to five (5) other persons in the same area.
4. While things stood thus, on 13.06.2022, joint inspection was conducted by the Mines and Geology, Revenue and Irrigation Departments and it was found that the excess ordinary earth to an extent of 95,294 metric tons was excavated from Ooracheruvu of Kothapalli Village, Peddapalli Mandal and District. According to the learned counsel for the petitioner, it is not known nor there is any material to show that the petitioner is responsible for such excavation of excess mineral since there are five (5) other persons/permit holders who have been granted permission for carrying out excavation. It is submitted that penalty was imposed on the petitioner and the said 5 persons and each of them was asked to pay seigniorage fee to the extent of 15,883 metric tons each. The petitioner was directed to pay ten (10) times penalty together with normal seigniorage fee 3 for the excavation of excess mineral quantity of 15,883 metric tons. In that connection, respondent No.4 issued proceedings No.57/Ord.Earth/2022 dated 07.06.2023 directing the petitioner to pay the 10 times penalty together with normal seigniorage fee. In response the petitioner submitted reply dated 11.07.2023 to such demand, however demand notice No.366/De-siltation of tanks/Kothapally/2022-2 dated 05.08.2023 was issued to the petitioner calling upon to pay the total amount of Rs.38,08,152/- (Rupees thirty eight lakhs eight thousand one hundred and fifty two only) towards normal seigniorage fee along with 10 times penalty and other statutory amount.
5. Learned counsel for the petitioner submitted that pursuant to the G.O.Ms. No.60 dated 12.03.2025 the petitioner paid the normal seigniorage fee along with two (2) times penalty along with other statutory amount under OTS (One Time Settlement) scheme and respondent No.4 issued proceedings No.57/Ord.Earth/2022 dated 11.092025 permitting the petitioner to transport the ordinary earth for a quantity of 15,883 metric tons which is stocked in Survey No.270/1 of Ooracheruvu Shivaru of Kothapalli Village, Peddapalli Mandal and District for exclusive supply for manufacture of bricks at the petitioner's brick unit for a period up to 30.09.2025. Learned counsel further submitted that though the permission was granted up to 30.09.2025 vide order dated 11.09.2025, the petitioner was not allowed by respondent No.3 to excavate the mineral for extraneous reasons. Aggrieved thereby, the petitioner submitted 4 representations dated 22.01.2026 and 03.02.2026 seeking extension of time to lift the mineral, ordinary earth quantity of 15,883 metric tons, which is stocked in Survey No.207/1, Ooracheruvu of Kothapalli Village, Peddapalli Mandal and District by extending the time period granted in the proceedings dated 11.09.2025. However, no action has been taken so far, as such, the petitioner is constrained to approach this Court.
6. Learned Assistant Government Pleader for Mines and Geology submitted that the petitioner did not specify the time for which extension was sought. The petitioner was required to mention the time within which the stock of 15,883 metric tons of ordinary earth can be lifted. However, learned Assistant Government Pleader submitted that the representations of the petitioner will be considered in accordance with law.
7. Recording the aforesaid submissions, without expressing any opinion on merits, this writ petition is disposed of directing respondents No.3 and 4 to consider the petitioner's representations dated 22.01.2026 and 03.02.2026 seeking extension of time to lift the mineral, ordinary earth quantity of 15,883 metric tons, which is stocked in Survey No.207/1, Ooracheruvu of Kothapalli Village, Peddapalli Mandal and District by extending the time period granted in the proceedings dated 11.09.2025, by giving opportunity of hearing to the petitioner, and pass appropriate orders in accordance with law, within a period of 5 two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition, stand closed.
_______________________ B. VIJAYSEN REDDY, J April 30, 2026 NOTE: Issue C.C. today (BO) RRK