IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 10431 of 2008 Between: Ms. Sri Ram Mining Company, Rep. By its Managing Partner, K. Giridhar Reddy, S/o. Late K. Venkata Krishna Reddy, R/o. Flat No.104, S.V. Paradise, Dharmapeta, Kurnool, Kurnool District. ..... PETITIONER AND 1 The Government of India, rep by its Secretary, Ministry of Mines, New Delhi. 2 The Government of Andhra Pradesh rep by its Secretary, Industries and Commerce Department, Secretariat, Hyderbad. 3 The Principal Chief Conservator of Forests, Department of Forests, Aranya Bhavan, Hyderbad. 4 The Director of Mines and Geology, BRKR Buildings, 8th Floor Tank Bund Road, Hyderabad. 5 The Divisional Forest Officer, Kurnool, Kurnool District 6 Asst. Director of Mines,& Geology, Kurnool District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or Writ one in the nature of Writ of Mandamus, declaring the action of the 3rd and 4th respondent in not forwarding the petitioners application dt.16-05-2007 for grant of Mining Lease in over an extent of 500.00 Hects. in Compartment No. 245, 246, 247 & 248 of North Done Reserve Forest Dhone Range, Kurnool District to the Principal Conservator of Forest/District Forest officer for obtaining Clearance under the Forest (Conservation) Act, 1980 as arbitrary, illegal, unjust and in violation of Mines and Minerals (Development, dt.28-05-1998 and in Memo No. 5624/For.I(1)/2005-2 dt.01-09-2005 and pass such other order or orders. Counsel for the Petitioner: SMT.N.SHOBA Counsel for Respondents 2 to 6: G P For Mines And Geology Counsel for Respondent No.1: Mr.A.Rajashekar Reddy (Asst. Solicitor Gen) The Court made the following : ORDER: The petitioner submitted an application in Form-I to the Assistant Director of Mines and Geology, the sixth respondent herein on 16.05.2007, for grant of Mining lease for Iron Ore, Stealite, Clay and Sand Stone over an extent of 500 Hectors in Compartment No.245, 246, 247, & 248 of North Dhone Reserve Forest, Dhone Range, Kurnool District. The sixth respondent issued proceedings to the Divisional Forest Officer, the fifth respondent herein for convenient date for Joint Inspection of the applied area so as to enable them to submit report to process the mining lease application for clearance under Forest (Conservation) Act, 1980. It is stated that the authority concerned conducted survey and inspection on 14.09.2007 and submitted report on 9.12.2007, forwarding the proposal to the Joint Director of Mines and Geology recommending for grant of lease in favour of the petitioner. After receipt of said proposal the Joint Director of Mines and Geology forwarded the same to the Director of Mines and Geology, Hyderabad, the forth respondent herein to forward statutory pro-forma to the Principal Chief Conservator of Forest Hyderabad, the third respondent herein, for clearance from the Forests Department. The main grievance of the petitioner is that though it had completed all the formalities, the fourth respondent is not forwarding the application to the third respondent for approval. Hence it approached this Court by way of the present writ petition. Learned counsel for the petitioner contended that the petitioner had completed all the formalities as per the Rules made in G.O.Rt.No.6, Environment Forests Science and Technology (For.I) Department, dated 6.01.2007 and submitted formats in eight copies and requested to take further course of action as required under the Forest Conservator Act, 1980 to the third respondent, but no action has been taken till today. Learned Government Pleader for Forests contended that in view of the instructions issued by the Government in Memo No.5624/For.I(1)/2005-2, dated 01.09.2005, the third respondent cannot take any action on the application submitted by the petitioner, unless and until the said application is forwarded by the fourth respondent to the third respondent. Since the petitioner had already submitted the application on 16.05.2007 to the sixth respondent, if the said application has been forwarded to the fourth respondent, he is hereby directed to consider the same and pass appropriate orders in accordance with law. With the above observations, the Writ Petition is disposed of at the stage of admission. __________________________ (Gopala Krishna Tamada, J.) 2nd May, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Secretary, Government of India, Ministry of Mines, New Delhi. 2. The Secretary, Government of Andhra Pradesh, Industries and Commerce Department, Secretariat, Hyderbad. 3. The Principal Chief Conservator of Forests, Department of Forests, Aranya Bhavan, Hyderbad. 4. The Director of Mines and Geology, BRKR Buildings, 8th Floor Tank Bund Road, Hyderabad. 5. The Divisional Forest Officer, Kurnool, Kurnool District 6. Asst. Director of Mines,& Geology, Kurnool District. 7. 2CCs to G.P. for Mines and Geology, High Court of A.P. Hyderabad (OUT) 8. 2 CCs to G.P. for Forests, High Court of A.P. Hyderabad. 9. 2 CD copies. Form-NIC-OGS/WP{TRT}