THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 10958 of 2003 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of the Divisional Forest Officer in asking petitioner to stop quarrying operations within the leased area in Sy.No.91 of Kanur village, Pellakur Mandal, Nellore District and the action of Assistant Director of Mines and Geology in asking petitioner to stop quarrying quarrying as arbitrary and illegal. It appears, respondents 1 and 3 claimed that the land in Sy.No.91 of Kanur village, Pellakur Mandal, Nellore District, to an extent of 1.00 Hectare, against which petitioner was granted quarry lease, is recorded in the revenue records as Forest Poramboku, therefore, petitioner is not entitled for grant of licence under the Mines and Minerals Act and also the Mines and Mineral Concession Rules. According to the petitioner, lease was executed on 8.2.1992 and sanction was also accorded for a period of five years i.e. from 8.2.1993 to 7.2.1998, by the Assistant Director of Mines and Geology, Nellore. Before grant of lease, the entire procedure was followed wherein the Technical Assistant of Office of Assistant Director of Mines and Geology inspected the area and submitted report as regards the consistency of the mineral. Thereupon, the Surveyor of the Office inspected and submitted survey sketch along with survey report. The matter was referred to the concerned Mandal Revenue Officer, Pellakur and the Mandal Revenue Officer, after verification of revenue records and clearance from the District Collector, issued No-Objection Certificate to the effect that the area applied for quarry lease is classified as Revenue Forest and that there is no objection. However, surprisingly, the respondents 1 and 3 – forest officials have taken objection that since the land is described as Revenue Forest in the revenue records, it belongs to them. Though in the counter filed by respondents it is stated that the said land was not notified as required under the law and since it has been recorded in the revenue records as Forest Poramboku, they are entitled to hold the land. This contention raised by respondents cannot be countenanced. Unless and until the land is notified as required under the Forest Conservation Act, 1988, it cannot be said that it forms part of a Reserved Forest. Merely because in the revenue records it is recorded as Forest Poramboku, the Forest Department is not entitled to the said land. In fact, at the time of obtaining No-Objection Certificate, the M.R.O. himself stated that area is recorded as Forest Poramboku and they have no objection for granting lease. On the basis of the said certificate, lease was granted. Under those circumstances, I am of the opinion that the action of respondents in asking the petitioner to stop quarry operations in the leased out area to an extent of 1.00 Hectare in Sy.No.91 of Kanur village, Pellakur Mandal, Nellore District is arbitrary and illegal. The writ petition is accordingly allowed. No order as to costs. JUSTICE C.V. RAMULU. Date: 10-11-2010. MVB.