M/S. India Cements Limited v. State Of Telangana
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[ 3302 ] HIGH COURT OF JUDICATURE AT HYDERABAD AT HYOERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENry EIGHTH DAY OF OCTOBER TWO TWENTY TWO :PRESENT:
THE HONOURABLE SRIJUSTICE K. SARATH lA No. 1 OF 2022 IN WP NO: 39'168 OF 2022 Between:
M/s. lndia Cements Limited, (Formerly known as Visaka Cement lndustry Ltd) "Dhun Building", 827, Anna Salai, Chennai, Tamilnadu -600002. Represented by its Authorized Signatory, Mr. G Pramod Kumar, S/o Late G Vijay Kumar, Aged 42 years, Occ Deputy Manager (Legal), R!/o Hyderabad. Cement Manufacturing Plant at Malkapur Village, Tandur Mandal, Rangareddy District, Telangana- 5001 57.
... Petitioner (Petitioner in WP 39168 OF 2022 on the file of High Court) AND
1. State of Telangana, Represented by its Principal Secretary, Mines and Geology Department, Secretariat Hyderabad, Telangana
2. Direclor, Department of Mines and Geology My Home Sarover Plaza, Flat No 203 and 204,2nd Floor, House No 5-922, Shapurwadi, Adarshnagar, Secretariat Road, Hyderabad, Telangana-500063.
3. Assistant Director, Department of Mines and Geology Near Vinayaka Temple, Pathakunta, Saipur, Tandur, Vikarabad District, Telangana-5O1 141 .
...Respondents
(Respondents in-do-) Counsel for the Petitioner Counsel for the Respondents 1 & 3 :SRI CHALLA GUNARANJAN :GP FOR MINES AND GEOLOGY 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 stay all further proceedings in pursuant to the impugned letter no. 27961R2-212015 daled 28.09.2022 and impugned demand notice no. 2901G12008 dated 24.08.2022 issued by Respondent No.2 & Respondent No.3 respectively, pending disposal of WP No. 39168 of 2022, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case).
ORDER:
This petition is filed to stay all the further proceedings in pursuant to the impugned letter No.27961R2-2.2015 dated 28.09.2022 and impugned demand notice no.290/G/2008 dated 24.08.2022 issued by respondent Nos.2 and 3. Y Learned counsel for the petitioner submits that the Revisional Authority passed orders on 18.02.20'17 by remanding the matter to the State Government with a direction to decide the mafter afresh after giving an opportunity of hearing to the petitioner and may take appropriate action as deem fit. Thereafter, the respondent No.1 issued notice to the petitioner to appear in person for hearing on 17.03.2018. The respondent No.1 directed the petitioner to submit the documents before the respondent No.2 on 19.05.2018. Accordingly, the petitioner submitted the same on20.07.2018.
Thereafter, no proceedings or orders communicated to the petitioner as on today. Without any adjudication of the mafter the respondent No.l issued internal correspondence in impugned Memo.556/M.1 1(1112022-1 permitted for realisation of penalty amount of Rs.1,09,45,846/. from the petitioner. ln consequence to the said Memo, the respondent No.3 issued demand notice to the petitioner on 24.08.2022 and the respondent No.2 issued demand notice on 28.09.2022. The same are contrary to the orders of Revisional Authority and same is liable to set aside.
Prima facie, the impugned orders passed by the respondents without adjudication of the matter as per orders of the Revisional Authority on 18.02.2017. The respondent No.1 was not finalised the mafter on 17.03.2018 and adjourned the matter with a direction to the petitioner to produce documents before the appropriate authority. After submission of the documents by the petitioner without taking any decision, passed present impugned orders.
Therefore, there shall be interim stay of all further proceedings, as prayed for.
SD/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// -L ]fbF To, SECTIO FICER
1. The Principal Secretary, Mines and Geology Department, State of Telangana Secretariat Hyderabad, Telangana
2. The Director, Department of Mines and Geology My Home Sarover Plaza, Flat No 203 and 204,2nd Floor, House No 5-922, Shapurwadi, Adarshnagar, Secretariat Road, Hyderabad, Telangana-500063.
3. The Assistant Director, Department of Mines and Geology Near Vinayaka Temple, Pathakunta, Saipur, Tandur, Vikarabad District, Telangana501141.(1 to 3 By RPAD)
4. One CC to SRI. CHALLA GUNARANJAN Advocate IOPUCI
5. Two CCs to GP FOR MINES AND GEOLOGY, High Court at Hyderabad. TOUTJ
6. One spare copy NOTE:
ln the order in l.A.No.1 ot 2022 in W.P.No.39168 ol 2022 the Penalty Amount is mentioned incorrectly and now it is corrected as "Rs.1,09,45,8461" in place of "Rs.1,96,45,846/J' vide Court Order dated:23.12.2022 in LA.No.3 of 2022.
Substitute this amended order in place of the order which was earlier dispatched on 10.11.2022.
SD/. P. PADMANABHA REDDY ASSISTANT REGISTRAR
HIGH COURT SKJ DATED:2811012022 2311212022 THE S ECIAL 9P 3I OEC o e AMENDED ORDER (at?
* ,5 * !eT,4TCHEO !A.NO.1 0F 2022 IN WP.No.39168 of 2022 STAY