Telangana High Court
Sri Kudumula Srinivas, vs The State Of Telangana, on 11 November, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.33484 of 2025
ORDER:
Heard learned counsel for the petitioner and Sri.K.Shantan Rao, learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos.1 to 4. With their consent, this writ petition is being taken up for disposal.
2. This writ petition has been filed seeking the following prayer:-
"...to declare the action of the respondent No.4 in Demand Notice No.1728/ML/2011 dt 30.07.2025 and in not issuing dispatch permits for transportation of Quartz and Feldspar in over an extent of 7.840 Hects, in Sy No.835/1 of Vellutla Village, Yellareddy Mandal, Kamareddy District, as arbitrary, illegal, unjust and without jurisdiction and in violation of principles of natural justice and contrary to the Circular Memo No.2992063/P/2025, dt 13.05.2025 and consequently call for the records pertaining to Demand Notice No.1728/ML/2011 dt 30.07.2025 and set aside the same pending passing Final Orders to issue dispatch permits for transportation of Quartz and Feldspar in over an extent of 7.840 Hects, in Sy No.835/1 of Vellutla Village, Yellareddy Mandal and District pursuant to lease granted vide Proc No.891/R3/2015 dt 05.06.2017..."
3. Brief facts stated in this writ petition are that the petitioner vide Proceeding bearing No.891/83/2015 dated 05.06.2017, was granted quarry lease for Quartz and Feldspar in over an extent of 7.840 Hects., in Sy No.835/1 of Vellutla Village, Yellareddy Mandal, Kamareddy District, for a period of 20 years. Thereafter, a Lease Deed was executed by respondent No.4 and work order vide proceeding No.1728/QL/KMR/2017 dated 27.06.2017 was issued 2 and the same is valid upto 27.06.2037. The case of the petitioner is that in the year 2024, DGP Survey has been conducted by the Vigilance an Enforcement R.C. Puram Unit and a report was submitted to ADMG, stating that the lessee developed 3 pits out of which 2 pits are falling within the quarry leased area and another one is falling outside the quarry lease area extracted and dispatched from the lease area more than the permitted quantity and further instructed to take appropriate action. Pursuant to the Vigilane report, Show cause notice bearing No.1728/ML/2011 dated 11.06.2025 was issued, wherein the petitioner was directed to show cause as to why action should not be initiated for excavation and transportation of 6,914 MT of Quartz from outside the leased area, within a period of 15 days, failing which action will be initiated as per Rule 34(1) the Telangana Minor Mineral Concession Rules, 1966 (TSMMC Rules 1966). Thereafter, petitioner in the month of July, approached the office of respondent No.4 and requested to furnish the copy of survey report and further requested to re-survey the quarry lease area.
4. The case of the petitioner is that respondent No.4 issued demand notice bearing No.1728/ML/2011 dated 30.07.2025, directing the petitioner to pay total amount of Rs.65,47,006/- towards Normal S.Fee of Rs.5,39,292/- and 10 times penalty of Rs.53,92,920-/, permit Fee Rs.4,31,434/-, DMFT Rs.1,61,788/-, SMET Rs.10,786/- and IT Rs.10,786/-, within a period of 15 days from the date of receipt of copy of demand notice, failing which necessary action will 3 be initiated for recover of same under provision of R.R Act. Aggrieved by the same, this writ petition is filed.
5. Learned counsel for the petitioner has drawn attention of this Court to the circular issued by the Government of India, bearing No.16/7/2024-Mines VI -Part (2) dated 01.05.2025 and submits that as per the instructions issued in the said circular, no penalty shall be imposed on the existing mines of Barytes, Feldspar, Mica or Quartz till 31.03.2026. It is further submitted that subsequent to circular dated 01.05.2025, the Government of Telangana, issued circular memo No.2992063/P/2025 dated 13.05.2025 and directed the respondent Nos.3 and 4 to take necessary action by conducting a meeting with the lease holders of Barytes, Feldspar, Mica and Quartz and appraise the guidelines issued in circular dated 01.05.2025 for regularization under prevailing Act and Rules. Learned counsel further submits that without considering the instructions issued in the circulars dated 01.05.2025 and 13.05.2025, respondent No.4 issued impugned demand notice bearing No.1728/ML/2011 dated 30.07.2025.
6. Learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos.1 to 4 fairly submits that if the petitioner submits reply to the demand notice dated 30.07.2025, the respondent authorities would consider the same and pass appropriate orders. 4
7. At this stage, learned counsel for the petitioner submits that the petitioner would submit reply to the demand notice dated 30.07.2025 and pray this Court to direct the respondent authorities to consider the same and pass orders in terms of circulars dated 01.05.2025 and 13.05.2025.
8. Having considered the above facts and circumstances and recording the submission made by the learned counsel on either side, this writ petition is disposed of granting liberty to petitioner to submit reply to the demand notice dated 30.07.2025, within a period of one (01) week from the date of receipt of copy of this order and thereafter, the respondent authorities are directed to consider the same and pass appropriate orders in terms of circulars dated 01.05.2025 and 13.05.2025, as expeditiously as possible. It is made clear that this Court had not expressed any opinion on the merits of the case and it is for the respondent authorities to pass appropriate orders strictly in accordance with law.
9. With the above directions, 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: 11.11.2025 Note:-
Issue C.C by tomorrow.
B/o SU