THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.35415 of 2022 ORDER:-

This writ petition is filed for the following relief:

“….to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1^st respondent in Memo No.4083/M.I(2)/2018-3 dated.05.07.2019 imposing three times penalty along with normal seigniorage fee pursuant to demand notice No.1449/Q3/2006 dated 18.02.2017 and the orders in appeal by the 2nd respondent in Proc.No.3651/SRD/AH/2017, dated 08.05.2018 and not passing orders on renewal application filed by the petitioner dated 13.10.2014 and not extending the benefit as was done to other lessees in same Survey No.144 of Khajipally village, Jinnaram Mandal, Sanga Reddy District as arbitrary, illegal, unjust, unconstitutional and in violation of principals of natural justice and Mines and Minerals (Development & Regulation) Act, 1957 and T.S.Minor Mineral Concession Rules, 1966”

2. Heard Smt.P.Vijaya Lakshmi, learned Counsel appearing for the petitioner and learned Government Pleader for Mines and Geology.

3. The learned Counsel for the petitioner submits that the petitioner got quarry lease, on transfer, from Mr.Sarvar Khan for the unexpired period for building stone and metal in Sy.No.144 over an extent of 4.000 Hectares of Khajipalli village, Jinnaram Mandal, Medak District. The petitioner has been conducting quarry operations strictly in terms and conditions of the lease deed annexed therein and in accordance with Telangana State Minor Mineral Concession Rules, 1966. The petitioner has submitted application on 13.10.2014 for first renewal of the quarry lease for a further period of 15 years. While pending renewal application the 4^th respondent issued notice Demand Notice No.1449/Q3/2006 dated.18.02.2017, directing the petitioner to remit an amount of Rs.77,10,225/- towards Normal Seigniorage fee along with ten times penalty of Rs.7,71,02,250/-, totaling to Rs.8,48,12,475/-, and Rs.23,13,068/- towards 30% DME, Rs.1,54,205/- towards 2% of SMET and Rs.1,05,205/- towards 2% income tax on Normal Seigniorage fee for excavation of 1,02,803 M3 of metal from outside the leased area, basing on the joint survey conducted by the officials of concerned authorities, and observed that the petitioner has encroached the area outside the leased area and the measurements were worked out, pit are recorded and reported that the quantity of about 86,626.75 Cum of metal is extracted from the Quarry lease area and a quantity of 1,00,084.50 Cum is excavated from the area encroached, as such the petitioner is liable to pay penalty as per Rule 26 (2) of Telagnana Minor Mineral Concession, Rules, 1966.

4. Aggrieved by the said demand notice, the petitioner preferred appeal before the 2nd respondent and the said appeal was dismissed on 08.05.2018 vide Proc.Nod.3651/SRD/AH/2017 confirming the Demand Notice No.1449/Q3/2006 dated 18.02.2017 and directed to rectify/modify the sketch of the petitioner. Aggrieved by the same, the petitioner preferred revision under Rule-35-A of Telangana State Minor, Mineral Concession Rules, 1966 and the revisional authority, after examining the relevant documents and after hearing both side, disposed of the revision, by modifying the demand notice issued by the primary authority, and directed the petitioner to pay normal Seigniorage fee along with three (3) times penalty against the demand notice. Aggrieved by the same, the present Writ Petition is filed.

5. The learned Counsel for the petitioner contended that for the same survey number i.e. Survey No.144, the respondents have conducted survey on the same day against the petitioner and four other quarries belongs to M/s. Gangotri Metal Industry, Mohd.Zameer, B.Muthyam Reddy and K.Venaktesh Goud, and initially the respondents have issued notices directing them to pay normal seigniorage fee along with ten times penalty and against the said notices they preferred appeals against the demand notices and thereafter fi