IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 290 OF 2010 IN FIRST APPEAL NO. 115 OF 2001 M/S. V. S. DEMPO AND CO.PVT.LTD.THROUGH ITS DY. GENERAL MANAGER, SHRI. M. KRISHNA REDDY ... Applicant Versus THE SECRETARY, FOREST DEPARTMENT AND 2 ORS., ... Respondents Mr. A. N. S. Nadkarni, Senior Advocate with Mr. D. Lawande, Advocate for the Applicant. Mr. S. Bandodkar, Additional Government Advocate for the respondents. Coram:- S. C. DHARMADHIKARI, J. Date:- 15th April, 2011 P.C. This is an application filed by the Applicant who is not a party either to the suit or the present First Appeal. 2. The present First Appeal questions the Judgment of the trial Court in Special Civil Suit No.64/1995. 3. The First Appeal has been filed by State Government against the original Respondent in the said suit. 4. The dispute is between the Applicant/State and the Respondent. The dispute is in relation to judgment delivered in Special Civil Suit no. 64/1995. Mr. Nadkarni,learned Senior Counsel appearing on behalf of the Applicant submits that the Applicant is extracting minerals pursuant to the lease given by the State Government. However, mining operations and the extraction activities are not been permitted because of the order passed by this Court on 7.6.2002 in MCA no. 90/2002 and relying upon the observation therein that the subject matter of the litigation needs to be preserved and protected. 5. Having perused the said order I am satisfied that this Court had by interim order in this First Appeal directed that the subject matter of the litigation, namely immovable property in which title is claimed, should be preserved and protected. The Court did not express anything in relation to any activities much less extraction of minerals. In these circumstances,the apprehension of the applicant is really misplaced. By clarifying that today's order passed does not affect the rights and contentions of the parties in the First Appeal or of the Applicant, this application can be disposed of. State Government if had permitted mining operations under the mining lease in favour of the applicant, can regulate and control the same in terms of independent law and conditions of the mining lease. This is an independent issue. Merely the State has executed such lease and permitted any activities will not affect its rights and contentions in the pending First Appeal. Clarifying thus and observing that present order is without prejudice to the rights and/or contentions of the parties in First Appeal, application is disposed off. S. C. DHARMADHIKARI, J. vn