M/s. VIP Bricks v. The State of Telangana

Court: High Court for State of Telangana

Bench: B.VIJAYSEN REDDY

Judgment date: 2026-04-30

Case summary

High Court for State of Telangana judgment dated 2026-04-30. M/s. VIP Bricks v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 31831 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 14551 OF 2026 Between: M/s, VIP Bricks, Rep. by its Proprietor Sri Ambati Sathish, S/o. Buchaiah, Age 31 years, Occ. Business, R/o. H. No 9-93i1 , Gowreddypeta Village, Peddapalli Mandal and District ... PETITIONER AND 'l . The State of Telangana, Rep by its Principal Secretary, lndustries and Commerce (Mines and Geology) Department, Government of Telangana, Secretariat buildings, Tank Bund, Hyderabad, Telangana. 2. The Director of Mines and Geology Govemment of Telangana, 2nd Floor, My Homes Sarovar Complex, Adarshnagar, Secretariat Road, Hyderabad-500063. 3. The District Collector, Peddapalli, Peddapalli district. 4. The Assistant Director of Mines and Geology, Peddapalli district ...

RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Respondents in not considering the representations given by the Petitioner dated 22. O1 . 2026 and 03. 02. 2026 seeking for e)dension of time to lift the mineral, ordinary earth quantity of 15,883 MT which is stocked in Sy. No. 270l1, from Oora Cheruvu of Kothapalli Village, Peddapalli Mandal and District as arbitrary, illegal, unconstitutional and violative of principles of natural justice and consequently direct the Respondent authorities to extend the time period granted in the proceedings No. 57lOrd. Eanhl2O22, dt. 11. 09. 2025 by permitting the. Petitioner to lift the mineral, ordinary earth for the quantity of 15,883. l. A.

NO: 1 OF 2026 Petition under Section 151 CPC praying that in the- circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent authorities to consider the representations dated 22. O1 . 2026 and 03. 02. 2026 by extending the time period granted in the proceedings No. S7iOrd. Earthl2oz2, dt. 11 09. 2025 in order to permit the Petitioner to lift the mineral, ordinary earth for the quantity of 15,883 MT in the interest of justice pending disposal of the above writ petition. Counsel for the Petitioner: SRI MUKKERA SAHITHI SRI KAVYA Counsel for the Respondent Nos. 1,2 & 4: SRI K. GAUTHAM REDDY, AGP FOR MINES & GEOLOGY Counsel forthe Respondent No. 3: GP FOR REVENUE The Court made the following: OROER (J IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRI JUSTTCE B. VIJAYSEN REDDY WRITPET ITION No. 14551 OF 2026 DATE OF ORDER: 30. M. 2026 Between: M/s. VIP Bricks ...

Petitioner AND The State of Telangana Represented by is Principal Secretary, Industries & Commerce (Mines and Geology) Department, Secretariat, Hyderabad and others- Respondents ORDER: (ORAL) This writ petition is fited by the petitioner seeking to declare the action of the respondent authorities in not considering its representations dated 22. 01. 2026 and 03. 02. 2O26 seeking extension ol time to lift the mineral, ordinary earth quantity of 15,883 metric tons, which is stocked in Suwey No'207/ I , Ooracheruvu of Kothapalli Village, Peddapalli Mandal and District, as being illegal, arbitrary and unconstitutional. 2. Heard Ms. Mukkera Sahithi Sri Kavya, leamed counsel for the petitioner; Mr. K. Gautham Reddy, teamed 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 regisrration No. 5l /Bricks 12021-23 dated 10. 05. 2022. The petitioner was granted permission lor excavation of ordinary earth/stilt from Ooracheruvu of Kothapalli Village, peddapa[i Mandal District lbr a quantit' ol'2,112 metric tons lor exclusive supply for manufacture of bricks uide proceedings No. 57lORD/tarth/2022 dated, 25. 05. 2022 issued respondent No. 4. It is {urther submitted that the petitioner excavated ordinary earth lor the purpose of manufacturing bricks within the area earmarked by the inigation authoritics and the petitioner transported the mineral obtaining valid permissions and by paying required seigniorage fee from time to time. l'hat permissio^ k) cxcavate 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 the Mines and Geology'.

Revenue and Irrigation Departments and it was found that the cxcess ordinary carth to an extent of 95,294 metric tons was excavated from oorachcruvu of Korhapalli village. peddapalli Mandal and District. According to the learned counsel for the petitioner, it is not known nor there any material to show that rhe petitioner is responsible for such excavation excess mineral since therc are five (5) other persons/permit holders who have been granted permission lbr carrying out excavation. It is submitted that penalty was imposed on the petitioncr and the said 5 persons and each of them was asked to pay seigniorage fec to the extent of 15,88i metric tons each. The petitioner was directed to pa) tcn ( r0) times penalty together rvith normal seigniorage fee J for the excavation of excess mineral quantity of 15,883 metric tons. In that connection, respondent No. 4 issued proceedings No. 57lOrd. EarthlZl22 daLed 07. 06.

2023 directing the petitioner to pay the l0 times penalty together with normal seigniorage fee. In response the petitioner submitted reply dated ll. O7 . 2023 to such demand, however demand notice No. 366/De-siliation of tanks/Kothapal ly 12022-2 dated 05. 08. 2023 was issued to the petitioner calting upon to pay the total amount of Rs. 38,08,152l- (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 nvo (2) times penalty along with other statutory amount under OTS (One Time Settlement) scheme and respondent No. 4 issued proceedings No. 57lOrd. Earth/2022 dated 11. 092025 permifting the petitioner to transport the ordinary earth for a quantity of 15,E83 metric tons which is stocked in Survey No.

270l1 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. Leamed counsel further submifted that though the permission was granted up to 30. 09. 2025 vide order dated 11. O9. 2025, the petitioner was not allowed by respondent No. 3 to excavate the mineral for extraneous reasons. Aggrieved thereby, the petitioner submitted representations d'ated 22. (t1. 2026 and 03. 02. 2026 seeking extension of time to lift the mineral, ordinary earth quantiry of l5,gg3 metric tons, which is stocked in Survey No. 207l1, C)oracheruvu of Kothapalli Viilage, 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 Governmcnt pleader lor Mines and Geology submitted that the petitioner did not specif, the time lor which extension was sought. The petitioner rvas required to mcnrion the timc within which the stock of l5,gg3 metric tons of ordinarl earth can be rifted. I-rowever. learned Assistant Government Pleader submiued that the representations of the petitioner will be considered in accordance rvith Iaw. 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. 0r . 2026 and, 03. 02. 2026 seeking extension of time to rift the minerar, ordinary earth quantity of l5,gg3 metric tons, which is stocked in Survey No. 207l1. ooracheruru of Kothapafli village, Peddapatli Mandal and District by extending the time period granted in the proceedings datcd rr. 09.

2025, by giving opportunity or hearing to the petitioner, and pass appropriate orders in accordance with law, within a period of two (2) weeks from the date ofreceipt ola 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. SD/. K. V. O. NARSI BAB S]STANT REGIS R //TRUE COPY// ECTION OFFICER To, 1. The Principal Secretary, lndustries and Commerc Mines and Geology) Depa(ment, Government of Telangana, Secretariat buildings, Tank Bund, Hyderabad, Telangana. My 2. The Director of Mines and Geology Govemment of Telangana, 2nd Floor, Homes Sarovar Complex, Adarshnagar, Secretariat Road, Hyderabad-500063. 3. The District Collector, Peddapalli, Peddapalli district. 4. The Assistant Director of Mines and Geology, Peddapalli district 5. One CC to SRI MUKKERA SAHITHI SRI KAVYA, Advocate [OPUC] 6. Two CCs to GP FOR MINES & GEOLOGY, High Court for the State of Telangana at Hyderabad . [OUTI 7 .

Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad . [OUT] B. Two CD Copies P 0. r / I HIGH COURT CC TODAY DATED: 3010412026 - i:;ia:H:-:::. ,-:--', 5 iAt! . --:. *'"''',':i, ,t11ir'. " 1:. _'i ,r,r:k, ,/,, . : \ ? \)t ( i l'9q l, 1[ ORDER ^,-^-, -.. / WP. No. 14551 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.