M/s. Dr. Reddys Laboratories Ltd, v. State of Telangana, Represented by its Principal
Court: High Court for State of Telangana
Bench: MOUSHUMI BHATTACHARYA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-11-20. M/s. Dr. Reddys Laboratories Ltd, v. State of Telangana, Represented by its Principal. Read the...
Judgment text
\ [ 3405 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF NOVEIVIBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETIT loN NO:6331 OF 2016 Between: No3, B^anjara Ivl/s Dr. Reddv's Laboratories Ltd, Regd Of'f 8-2'337. Road -soo Gopala i];lir, Fiyd;;;dJ oea nep bv iti senior Lesal counsel, sri Krishna Gangavelli ... PETITIONER AND 1 State of Telanoana, Represented by its Principal, Secretary, Department of lndustries andtommeice (MinesJ), Hyderabad. 2 The Director of Mines and Geology, BRKR Bhavan, Hyderabad' Telangana The Sinoareni Colleries Company Limited, Singareni Bhavan, Red Hills' 3 pA. No.
1e Kharratabad PO, Hydtirabad Telangana State - 500004, Represented by its, Chairman and Managing Director' 4 Union of lndia, Represented by its Secretary, Ministry of Mines, Shastri Bhavan, New Delhi Union of lndia, Represented by its Secretary, Ministry of Coal, Shastri Bhavan, New Delhi b Additional Secretary, Ministry of Mines, Shastri Bhavan, New Delhi . ,. 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 lssue a Writ in the nature of a Writ of Mandamus or any other appropriate Writ direction or order declaring (a) The action of the respondents 1 and 2 in demanding the 3rd respondent the contribution towards District Mineral Foundation in respect of mining of coal retrospectively from 12 01'2015 vide letter no. 1O46lPl2O15(SF) dated 29.
01-2016 issued by the rd respondent and the consequent price notification number 66t2015-16 dated 09 02 2016 and notice dated nil issued by the 3rd respondent in-turn demanding the petitioner company to pay the contriburions retrospectively for the period 12. 01 . 2015 to 09. 02 2016 as wholly arbitrary, ilegal, unauthorized, contrary to the Mines and Minerals (Development and Regulation) Amendment Act, 2015 and Mines and lt/linerals (Contribution to Dlstrict Mineral Foundation) Rules, 2015 besides violating the '14 petitioners flghts graranteed under Article anb tSlt;191 of the Constitution of lndia and consequently set-aside the letter no. 1O46lPl2015(SF) dated 29. 01. 2016 issued by the 2n<l respondent and the consequent price notification number 66/2015-16 dated 09. 02. 2016 issued by the 3rd respondent to the extent of demanding the pelitioner company to pay contributions of District ltilineral Fund retrospectively witt effect lrom 15. 01. 2016 to 09. 02.
201 6 (b) The order dated 16. 09. 2015 issued by to the 66 respondent under Section 20A of the MITIDR Amendment Act, 2 )15 to the extent of directing establishment of District Mineral Fund to have been come into existence retrospectively with effect from 12. 01. 2015 as wholly arbitrarr,, illegal, contrary to the provisions of Mtnes and Mineral (Development and Regulation) Amendment Act, 2015 besided violating Article 14 and 19(1)(g) of the Constitution of lndia. (c) and pass l. A. NO: 1 OF 2016rWPMP. NO: 8042 OF 2016) Petition underr Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct 'l the Respondents to 3 not to take coercive steps for collection of the contributions to the District Mineral Foundation from the Petitioner Company for the period 15. 01. 2()'15 upto 09. 02. 20'16 pursuant to the price notification number 66/2015-16 dated 09. 02 2016 issued by the 31"d respondent. l. A.
NO: 2 OF 2016lWPMP. NO: 8043 OF 2016) Petition unde r Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the lesse no 1046lPl2015 (SF) dated 29. 01 2016 issued by the 2nd respondent to the extent of demanding the petitioner company to pay contributions of District Mineral Frnd retrospectively with effect from 15. 01. 2016 to 09. 022016. :',a{::}r ri/ FOR Counsel for the Petitioner: MS. K' MAANASA' REPRESENTING SRI CHALLA GUNARANJAN No. 1: MS' N' SAMEENA' ASSISTANT Counsel for the Respondent ITVTRAN KHAN, ADDITIONAL ADVOCATE GOVERNMENT REPRESENilNC. TOC GENERAL SRI J' SREENIVASA RAO Counsel for the Respondent No'3: REPRESENTING and 5: SRI K' MALLESH' Counsel for the Respondent Nos'4 FOR MS. ANJALI AGARWAL The Court made the following: ORDER THE HOIY'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION NO. 6331 OF 2016 Ms. K. Maanasa, lez rned counsel represendng Mr.
Challa Gunaranjan, Iearned counsel for the petitioner. Ms. N. Sameena, lcarned Assistant Government Pleadcr representing Mr. Imran I(han, le{. rned Additionai Advocate General for the respondent No. l Sri K. Mallesh, lerrrred counsel representing Ms. Anjali Agarwal, learned counsel for the rcspondent Nos. 4 a rd 5. ORDER Learne<l counsel appearing for the petitioner places a common ord(rr passed by this Court on L3. 11 . 2024 in W. P. Nos. 6552 and 10692 of 2016 and states that the present writ petition is squzLrely covered by the said common order. t \ \ t 2. The common order has been shared with learned coLlnsel -re appearing for t respondents. 3. Considering the view taken by this Court in the two earlier writ petitions. arherein reliance was placed on Federation of Indion Mineral Industries u. Union of India and Anothei it is clear that the contribution cz n be made with effect from 2O. lO.
2Ol5 or from the date on u,hic h the District Mineral Foundation (DMF) was established by the State Government by Notihcation, whichever is later, and the fact that the Telangana State District Mineral Foundation (Trust) Rules, 2015 were notihed on 20. 01. 2016, the petitioner sha[1 be iiable for the contributions onlv from ' 1zorz1 to scc rso '01. 2016. The impugned notice dated 29. o1. 2o 16 is liable to be set aside as being contrary to the judgment of the Supreme Court. 4. W. P. No. 6331 of 2016 is accordingly disposed of by setting aside the impugned notice dated 29. Ol. 2016 and holding that the petitioner is liable for the contribution to the respondent No. 3/ Singareni collieries cornpany Limited towards estabrishment of DMF on and from 20. O1. 2016. 5. Interim orders, if any, shall stand vacated and all connected I applications are disposed of. There shall be no order as to costs. i SD/- L. LAKSHMI BABU ASSISTANT REGI$TRAR //TRUE COPY// \ SECTION dFTICER To, 1.
The Principal, Secretary, Department of lndustries and Commerce (Mines-l), State of Telangana, Hyderabad. l 2. The Director of Mines and Geology, BRKR Bhavan, Hyderabad, Telangana. 3. The Chairman and Manaqing Director, The Singareni Colleries Company Limited, Sin-gareni Bhavai Red Hitls, ire. No. t e,knairatabad pO, ttyOera'OaO Telangana State - 500004. 4. The Secretary, Ministry of Mines, Shastri Bhavan, Union of lndia, New Dethi 5. The Secretary, Ministry of Coal, Shastri Bhavan, Union of lndia, New Delhi 6. Additional Secretary, Ministry of Mines, Shastri Bhavan, New Delhi 7. One CC to Sri Challa Gunaranjan, Advocate [OPUC] 8. One CC to Sri J. Sreenivasa Rao, Advocate[OPUC] 9. Two CCs to The Additional Advocate General, High Court for the State of Telangana, at Hyderabad[OPUC] 10. One CC to Ms. Anjali Agarwal, Advocate [OPUC] 1 1. Two CD Copies TJ ucile HIGH COUR-T DATED:2011'112024 SI4/ { r. 1E ORDER \r (o + ] WP. No.
6331 of 2016 0 / 0ELl Zut+ C ) ,+ ) () €i:ipATCH CO DISPOSING OF THE WRIT PETITION WITHOUT COSTS CUL Eldh
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