IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD. (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER, TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE K. C. BHANU WRIT PETITION NO.15298 OF 2008 B e t w e e n: M. Siva Sankar Reddy. - - - Petitioner. A n d The Government of Andhra Pradesh, Rep. by its Principal Secretary, Forest Department, Secretariat Buildings, Hyderabad, and two others. - - - 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 a Writ of mandamus or any other appropriate writ or direction declaring the impugned orders of the 2nd respondent in RC. No.4901/2008/F2, dated 26-06-2008 as illegal, arbitrary and consequently direct the respondents to forthwith consider the petitioner’s application for grant of mining lease in Sy. No.650/1 admeasuring 15 hectors situated at Palukuru village, Banaganapalle Mandal, Kurnool district by setting aside the impugned proceedings dated 26-06-2008 and pass such other orders. Counsel for the Petitioner : MR. M. Janardhan Rao. Counsel for the Respondents : G. P. for Forests. The court made the following : THE HON’BLE SRI JUSTICE K. C. BHANU WRIT PETITION NO.15298 OF 2008 O R D E R: This writ petition is filed seeking a Writ of Mandamus to declare the action of the second respondent’s impugned order in RC. No.4901/2008/F2, dated 26-06-2008 as illegal, arbitrary and consequently direct to consider the petitioner’s application for grant of mining lease in Survey No.650/1 admeasuring 15 hectors situated at Palukuru village, Banaganapalle Mandal and Kurnool District. The brief facts that are necessary for disposal of the present Writ petition may be stated as follows : The petitioner has applied for grant of lease under the A.P. Minor Mineral Concession Rules, 1986 for excavating black stone on 12-12-2007 by duly enclosing the challan and the notarized certificate. On the earlier litigation, it was held by this Court in W.P. No.2177 of 1998 dated 02-12-1998, that the lands covering in the Survey No.650/1 of Palukuru village do not form part of the forest land. The same judgment was confirmed in the Writ Appeal No.1214 of 1999, dated 08-05-2001 and when the Government preferred S.L.P. No.10307 of 2003 before the Hon’ble Supreme Court of India, the same was dismissed on 08-12-2003. Therefore, the land in Survey No.650/1 is declared and confirmed as outside the purview of forest land. It is also true that the Government never pleaded that the land is forest land by declaring the same as forest land. In fact for the first time after the Writ petition No.1941 of 2008 was disposed of, the second respondent in C.C. No.741 of 2008 came up with the plea that the land was declared within the forest area as reserve forest vide G.O.Ms. No.414 dated 10-03-1970 and however, in spite of joint inspection was made as long back as on 25-08-1992, the same could not be implemented till 06-12-2005 and therefore, the State Government has no power. Hence, the petitioner prays to set aside the impugned proceedings. A detailed counter affidavit has been filed by the second respondent, stating that the area in Survey No.650/1 of Palukuru village was notified as reserve forest in G.O.Ms. No.414, F & A Department dated 10-03-1970 but the necessary changes were not made in the revenue records of Banaganapalli till 05-12-2005 and the Mandal Revenue Officer, Banaganapalli vide his letter, dated 06-12- 2005 in RC. No.D/549/2005 has incorporated the necessary changes of the status of the area as reserve forest in the records and therefore, the contention of the applicant that the lands are not reserve forest, is not correct and the judgment of this Court is given before the incorporation of the land as reserve forest area by the revenue authorities. In view of the fact that M.R.O. of Banaganapalli, incorporated change of area as reserve forest in pursuance of the G.O.Ms. No.414, F & A Department, dated 10-03-1970, the permission was rejected. A joint inspection of Forest, Revenue, Assistant Director, Survey & Land Records and Assistant Director of Mines and Geology was held on 25-08-1992 and during the joint inspection, the officers have observed that the Survey No.650/1 fell within the notified reserve forest area and therefore the petitioner has no right and hence the second respondent prays to dismiss the petition. No doubt as rightly pointed out by the learned counsel for the applicant, that the Division Bench of this Court in Writ Appeal No. 1214 of 1999 held that the findings of the learned Single judge that the land was in the poramboku land cannot be found fault with. It is also observed that it was only a Government Poramboke therefore and it was never converted as forest land or a reserve forest. The Special Leave Petition was dismissed on the ground of unexplained delay. The impugned order was passed mainly on the ground that the lands in Survey No.650/1 are notified as reserve forest. As per the impugned order, liberty was given to the petitioner to furnish the proposal as prescribed under the Forest Service Act, 1980 and obtain approval from the Central Government of India by following the due procedure. Though, as per G.O.Ms. No.414 F & A Department, dated 10- 03-1970 the lands in Survey No.650/1 were notified as reserve forest area, but the consequential changes have not been made in the revenue records. The M.R.O. Banaganapalli vide his proceedings in R.C.No.D/549/2005, dated 06-12-2005, has incorporated the necessary changes in the status of the area in question as reserve forest in the records. It is also not in dispute that a joint inspection of Forest, Revenue, Assistant Director, Survey and Land Records and Assistant Director of Mines and Geology was held on 25-08-1992 and during the joint inspection, the officers have observed that the land covered by Survey No.650/1 fell within the notified reserve forest area. Considering the material on record, it is the contention of the petitioner that the land in Survey No.650/1 is a Government Poramboku Land, Whereas contention of the respondent is that the land in question is notified as reserve forest. Therefore, it is purely a question of fact, which cannot be determined and resolved by exercising the extraordinary jurisdiction under Article 226 of the constitution of India. No doubt a finding has been given by the Division Bench of this Court stating that the lands in Survey No.650/1 are Government Poramboku Land, but that finding is a question of fact because, the finding has been arrived at basing on the pleadings and material available in that Writ petition and also in the Writ appeal. Therefore, that cannot be said to be a ratio laid down by the Division Bench. Basing on the material available on record, the finding is given with regard to the fact. That may not be a binding precedent. Hence, the impugned order cannot be said to be arbitrary, illegal or incorrect. Taking note of the fact that the lands were notified as a reserve forest area and the same has been incorporated in the revenue records of the Government, the application of the applicant was rejected for quarrying lease. Therefore, there are no grounds to interfere with the impugned order. Accordingly, the Writ petition is dismissed leaving open the remedies available to the petitioner under law. There shall be no order as to costs. __________________ K. C. BHANU, J. DATE: 23-09-2009. Dsh.