IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 16020 of 2008 Between: 1. Deepak Patel, S/o. Maganlal Patel, R/o. 1-7-145/B, Srinivasanagar Colony, Bakaram, Musheerabad, Hyderabad. 2. Sudhir Patel, S/o. Maganlal Patel,R/o. 1-7-145/B, Srinivasanagar Colony, Bakaram, Musheerabad, Hyderabad. ... PETITIONER(S) AND 1 The Divisional Forest Officer, (North), Government of Andhra Pradesh, Forest Department, Hyderabad Division. 2 K. Goverdhan, S/o. K. Shankaraiah, R/o. 1-7-503/A, Bakaram, Musheerabad, Hyderabad. ...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 a Writ, order or direction Writ, Order or Direction, more in the nature of a Writ of Mandamus, declaring the in-action of the 1st respondent in taking any action against the 2nd respondent as per petitioners letter dated 14-07-2008 and 15-07-2008, as illegal, arbitrary and without jurisdiction, and direct the 1st respondent in taking any action against the 2nd respondent as per petitioners letter dated 14-07-2008 and 15- 07-2008, as illegal, arbitrary and without jurisdiction, and direct the 1st respondent to seize the machinery and stock available in premises No. 1-7-150, Bakaram, Musheerabad, Hyderabad in the interest of justice and further may be pleased to pass such other order or orders as this Hon’ble Court deems fit and proper under the circumstances of the case. Counsel for the Petitioner: MR. R.CHANDRASHEKAR REDDY Counsel for the Respondent No.1: GP FOR FORESTS Counsel for the Respondent No.2: MR. K.M. SAXENA The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO. 16020 OF 2008 ORAL ORDER: The writ petition is by persons claiming to be the owners of the premises bearing No. 1-7-150, Bakaram, Musheerabad, Secunderabad in 1467.25 Sq.Yds, wherein license was granted for running a sawmill in favour of the petitioners’ grand father one Narayana Patel. After the life time of the original licensee, it was renewed in favour of the petitioners’ father one Maganlal Patel, who let out the premises with the sawmill to the 2nd respondent. The petitioners assert that it was a lease on a month to month basis and not in writing. The petitioners state that the 2nd respondent without a license is carrying on the sawmill business. They addressed representations dated 14.7.2008 and 15.7.2008 to the 1st respondent complaining of the unlawful and unlicensed activity of the 2nd respondent in running the sawmill, in the premises. Complaining that the 1st respondent has not taken any action on the representations, the writ petition is filed. On instructions, the learned Government Pleader for Forests submits that on the basis of the complaint of the petitioners and on verification of facts it was seen that the license was granted in the name of one Narayana Patel, grandfather of the petitioners and in respect of a different premises and not 1-7-150, Bakaram, Musheerabad, Secunderabad. But the 2nd respondent was continuing the sawmill business in the premises No. 1-7-150, Bakaram, Musheerabad, Secunderabad. Since the business of sawmill pursued in the premises No. 1-7-150, Bakaram, Musheerabad, Secunderabad by the 2nd respondent was seen to be without authority or license, the 1st respondent has also seized the machinery and closed the business. Electricity supply was also disconnected by the Electricity Department on the instructions of the Forest Department, is also the submission of the learned Government Pleader. In the circumstances stated as above, the grievance presented in this writ petition does not subsist. Consequently the writ petition is dismissed recording the submissions of the learned Government Pleader for Forests. No order as to costs. Dt: 21.08.2008 ------------------------- Pvsn Justice G.Rghuram ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}