IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.9044 of 1998 Dated: 14-02-2007 Between: Mohd. Musthafa, s/o Mohd. Saheb, aged about 42 years, r/o Sultanabad, Karimnagar District. ... Petitioner and 1. The Government of Andhra Pradesh, rep. by its Secretary, Forest Department, Secretariat, Andhra Pradesh, Hyderabad and another. ... Respondents ORDER: This writ petition is filed seeking mandamus holding the rejection of licence by the Divisional Forest Officer, Karimnagar East in Rc.No.5425/S5/97 dated 19-01-1998 for erection of Saw Mill in Sy.No.953 of Sultanabad, Karimnagar East and District, as illegal and arbitrary. 2. It is the case of the petitioner that he submitted an application on 06-08-1994 for erection of Saw Mill, Sultanabad, Karimnagar East, Karimnagar District in Sy.No.953 and as no orders are passed, he filed W.P.No.33595 of 1997 wherein this Court directed the authorities to dispose of his application. It is stated that the Divisional Forest Officer, Karimnagar East in RC.No.5425/S5/97, dated 19-01-1998 rejected the application of the petitioner dated 12-01-1988, in view of Forest Protection and as per the directions of the Supreme Court under Forest Conservation Act, 1980. 3. Heard learned counsel for the parties. 4. Admittedly, on 19-01-1998, the application of the petitioner for erection of Saw Mill was rejected by the Divisional Forest Officer and as against the said order, the petitioner has a right of appeal, but the petitioner without approaching the appellate authority in haste approached this Court. As the petitioner is having a remedy of appeal, this writ petition cannot be entertained. 5. Accordingly, the writ petition is dismissed. No costs. However, the petitioner so chooses he may file appeal against the order impugned within a period of four weeks from today. On such appeal being filed, the competent authority may pass appropriate orders in accordance with law. _______________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.14-02-2007 GLV