IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5581 of 2010 Between: Garikapati Jaya Paul … Petitioner And The Divisional Forest Officer, Vijayawada, Krishna District & others. … Respondents Counsel for the Petitioner: Sri G. Rama Chandra Reddy Counsel for the respondents: None The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5581 of 2010 ORDER: This writ petition is filed for a Mandamus to direct the respondents to permit the petitioner to operate the quarry lease granted to him over an extent of 5 hectares in Sy.No.265 of Konduru Village, G.Konduru Mandal, Krishna District by setting aside proceedings dated 18.09.2009 of the Divisional Forest Officer, Vijayawada – respondent No.1. In the counter affidavit filed by respondent No.1, it is inter alia stated that the land in question forms part of Koduru Bit-II Reserve Forest as per G.O.Ms.No. 68, dated 24.08.1987 notified in A.P. Gazette, dated 24.09.1987. The learned Government Pleader also filed a copy of the said G.O. along with the map. At the hearing, Sri G. Rama Chandra Reddy, learned counsel for the petitioner, has not disputed the above averments contained in the counter affidavit and the material filed by the respondents and submitted that the petitioner may be given liberty to approach the department of mines and geology for refund of the amounts paid by him for obtaining the mining lease. Having regard to the above, the writ petition is dismissed with liberty to the petitioner to approach the department of mines and geology for refund of the amounts paid by him and that on the petitioner approaching the said department, it shall consider his request in accordance with law. As a sequel to dismissal of the writ petition, WPMP.No.7171 of 2010 filed by the petitioner for interim relief is also dismissed. __________________________ C.V.NAGARJUNA REDDY, J Date: 11.06.2010. ES