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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.VINOD KUMAR
LRhaks Steel Sand Pvt. Ltd. – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Writ Petition is filed for issue of Writ of Mandamus to declare the demand notice dated 20.12.2024 issued by the 4th respondent, as being illegal, arbitrary and without jurisdiction.
2. Heard learned Counsel for the petitioner, learned Government Pleader for Industries and Commerce appearing for respondents and with the consent of learned Counsel for the parties, the Writ Petition is taken up for hearing and disposal at the stage of admission.
3. Shorn of unnecessary details, the case of the petitioner in brief, is that it was issued with a show cause notice dated 16.11.2024 by the 4th respondent wherein it was alleged that on conducting of ETS survey by the Team of empanelled agency, the authorities have found the petitioner having extracted excess quantity and transported mineral to the tune of 87,875.24 metric tonnes; and that as the dispatch permits were obtained only for quantity of 60535 metric tonnes, the petitioner had contravened the provisions of Rule 26(1) and 26(3) of Telangana Minor Mineral Concession Rules, 1966 (for short ‘the Rules’) and is thus, liable to pay the normal seigniorage fee and 5 times penalty for the aforementioned excess quantity of miner
The court ruled that the petitioner must pursue available alternative remedies instead of invoking extraordinary jurisdiction, as the issuance of the demand notice was valid and did not lack inherent....
The court affirmed that jurisdiction exists unless the authority lacks power to issue a notice, and parties must pursue alternative remedies before seeking writ relief.
The court emphasized the importance of proper consideration, adherence to principles of natural justice, and compliance with Section 77 of the Mines Act, 1952 in matters related to quarry leases and ....
The issuance of a demand notice without providing an opportunity for a hearing violates the principles of natural justice, necessitating its annulment and remand for proper inquiry.
Failure to supply essential documents for a demand notice constitutes a violation of natural justice, necessitating reconsideration of the petitioner’s explanations.
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