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 : 10520 of 2008 Between: M. Vydehi W/o. M. Madhusudhan Reddy R/o. Brahamnakutkur Village, Nandikotkur Mandal, 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, Hyderabad. 3 The Principal Chief Conservator of Forests, Department of Forests, Aranya Bhavan, Hyderabad. 4 The Director of Mines & Geology, BRKR Buildings, 8th floor, Tank Bund Road, Hyderabad. 5 The Divisional Forest Officer, Kurnool, Kurnool District. 6 The Asst. Director of Mines and Geology, Kurnool, Kurnool District. .....RESPONDENT(S) 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. 10.11.2006 for grant of Mining Lease in over an extent of 1500.00 hects. in Compartment No.164, 165, 166, 168, 169, 170, 171, 172, 173 & 177 of Bethamcherla Reserve Forest, Bethamcherla Mandal, 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 & Regulation) Act, 1957, Mineral Concession Rules, 1960 and G.O.Ms.No.181, Industries and Commerce Department, dt. 28.05.1998 and in Memo No.5624/For.I(I)/2005-2, dt. 01.09.2005 and pass such other order or orders. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) GP FOR FORESTS GP FOR MINES AND GEOLOGY The Court made the following : THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA W.P.NO. 10520 OF 2008 ORDER: The main grievance of the petitioner is that she has given an application to the 6th respondent on 10.11.2006 for grant of mining lease in an extent of 1500.00 hectares in compartment No. 164, 165, 166, 168, 169, 170, 171, 172, 173 and 177 of Bethamcherla Mandal, Kurnool district by completing all the formalities in terms of GO Rt No. 6, Environment Forests Science and Technology (For.I) Department, dated 6.1.2007, but the said application has not been forwarded by the 4th respondent to the 3rd respondent-Principal Conservator of Forest for obtaining clearance under the Forest (Conservation) Act, 1980. Hence the petitioner has approached this Court and filed the present writ petition. Heard learned counsel for the petitioner and learned Government Pleader for Forests as well as learned Government for Mines & Geology. The learned Government Pleader for Forests submits that in view of the instructions issued by the Government in Memo No. 5624/For.I (1)/2005-2, dated 1.9.2005, 3rd respondent-Principal Conservator of Forest cannot take any action on the application unless and until it is forwarded to him by the 4th respondent-Director of Mines and Geology. In view of this submission and since the petitioner’s application dated 10.11.2006 is already pending with the 4th respondent being forwarded by the Joint Director of Mines and Geology, the 4th respondent is directed to consider forwarding the application of the petitioner to the 3rd respondent and pass orders in accordance with law. The writ petition is disposed of accordingly at the stage of admission. No order as to costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 02-05-2008 Gsn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 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, Hyderabad. 3 The Principal Chief Conservator of Forests, Department of Forests, Aranya Bhavan, Hyderabad. 4 The Director of Mines & Geology, BRKR Buildings, 8th floor, Tank Bund Road, Hyderabad. 5 The Divisional Forest Officer, Kurnool, Kurnool District. 6 The Asst. Director of Mines and Geology, Kurnool, Kurnool District. 7. 2 CCs to GP for Mines and Geology, 8. 2 CCs to GP for Forests, 9. 2 CD copies Form-NIC-OGS/WP{MSN}