IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
M/s. Parameswari Minerals – Appellant
Versus
The State of Telangana – Respondent
WP 27026/2025
THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.P. No.27026 of 2025
ORDER
Questioning the action of the respondent No.2, Director of Mines and Geology, in keeping pending the renewal application dated 20.02.2021 and levying ADR of Rs.16,24,507/- (FY 2023-24), Rs,13,79,409/- (FY 2024-25), and Rs.11,39,409/- (FY 2025-26), petitioner filed the present writ petition with a consequential prayer to direct the respondent No.2 to forthwith pass orders on the renewal quarry lease application dated 20.02.2021 without imposing annual dead rent for the FY 2023-24, FY 2024-25 and FY 2025-26.
2. Brief facts of the case are that the petitioner is a partnership firm, represented by its Managing Partner, was granted a quarry lease over an extent of Acs.10.00 in Sy.No.174, Kothapalli village, Jinnaram Mandal, Sangareddy District for quarrying stone and Metal and Fullers Earth for ten years commencing from 16.01.2013 and ending 15.01.2023. A lease deed was executed on 16.01.2013 and operations commenced accordingly. It is submitted that as per Rule 12 of the A.P. Minor Mineral Concession Rules, 1966, the lessee must apply for renewal 12 months before expiry of the lease. Accordingly, the petitioner applied for renewal of the quarry lease on 20.02.2021 and paid Rs.40,99,300/- towards renewal fees. The respondent No.3, Deputy Director of Mines and Geology, issued a letter of Intent (LoI) dated 05.01.2023 requesting the petitioner to submit a scrutinized quarry plan along with Environmental Clearance (EC), Consent for Establishment (CFE), and Consent for Operation (CFO) within six months from the date of said Letter of Intent so as to pass orders on the renewal application. Thereafter, the petitioner obtained Environmental Clearance on 28.06.2023, Consent For Establishment on 09.08.2023, Consent For Operation on 11.08.2023, and the scrutinized mining plan on 14.08.2023. The petitioner also submitted a letter dated 30.06.2023 requesting the respondent No.2 to grant an additional six months time for submission of clearances referred in the Letter of Intent. When the petitioner attempted to upload the above statutory documents through the mining portal during the first week of December 2023, the portal did not allow to upload the documents. Instead, it displayed outstanding dues towards Annual Dead Rent (ADR) of Rs.10,00,000/- for the fiscal year 2023-24. Since the petitioner is unable to upload the documents, the petitioner submitted a representation dated 15.12.2023 to the respondent No.2 enclosing all documents, requesting the portal be enabled and also sought intimation of any payments required for lease renewal execution, but nothing was heard from the respondent No.2. Thereafter, the writ petitioner made several representations dated 16.03.2024, 13.07.2024, 01.10.2024, 20.01.2025 and finally on 01.09.2025. In all these representations, the petitioner clearly submitted to the respondent No.2 that ADR, as per Rules, cannot be collected when there is no valid lease in subsistence, and therefore requested to give access to the petitioner so as to enable him to upload the documents and also requested to pass orders on the renewal application but the respondent No.2 did not pass any orders thereon. Questioning in action on the part of the respondent No.2, petitioner filed the present writ petition.
3. On behalf of the respondents, respondent No.4, Assistant Director of Mines and Geology, filed counter affidavit, iner alia, stating at para 7 that it is not true that Advance Dead Rent was demanded for the years 2023-24 and 2024-25. Actually, the lease was expired on 15.01.2023 only. Hence, Advance Dead Rent was demanded upto 2022-23 only. The lessee has paid an amount of Rs.5,00,000/- towards Dead Rent, Rs.38,795/- towards interest and Rs.10,000/- towards Income Tax, on 28.07.2022. After that, he has not paid any amounts. After adjustment of above payments, the lessee/petitioner has outstanding dues an amount of Rs.10,57,959/- as per MRA
2022-23.
4. At thi
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