THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.3678 of 2007 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not allowing the petitioner to carry on quarrying operations in an extent of 2.000 hectares of land in Sy.No.207/1 of Gontuvanipalem village, Addateegala mandal, East Godavari district in pursuance of lease granted by the Deputy Director of Mines and Geology, Kakinada in proceedings No.453/A1/2007 dated 22.1.2007 as arbitrary and illegal and consequently direct the respondents not to interfere or obstruct the petitioner to carry on the quarrying operations in the said land. According to the petitioner, he was granted mining lease for road metal over an extent of 2.00 Hectares in Sy.No.207/1 of Gontuvanipalem village, Addateegala mandal, East Godavari district for a period of 10 years. While that being so, the respondents obstructed the said quarry operations of the petitioner on the ground that the land in which operations are being conducted is in the periphery of protected forest land. Hence this writ petition. A detailed counter affidavit has been filed on behalf of respondents denying the allegations made by the petitioner and stated that the subject land in which the petitioner is carrying on quarrying operations is a protected forest area notified vide G.O.Ms.No.247 Forest and Rural Development (For.III), Department dated 22.3.1978 and once the land is notified under A.P. Forest Act, 1967, it is the responsibility of the Revenue Department to enter the land particulars in prohibitory order book, so that the land is not assigned to any non- forestry purpose after notification. The notification was routed through revenue authorities only and published in the District Gazette/Andhra Pradesh Gazette. The Government has noticed that some of the Mandal Revenue Officers are issuing ‘no objection certificates’ for quarrying in the notified forest areas on the pleas that as per the revenue records, those lands are recorded as ‘Gattu Poramboke’. Even after publishing draft notification proposal under Section 4 of A.P. Forest Act, 1967 in the State and District Gazettes, the revenue authorities are not updating the classifications of lands/areas, which are causing lot of confusion and necessary litigations leading to Court cases. According to the respondents, since the subject land is protected forest area, the same could not have been leased out by the Mines and Minerals Department. It is unfortunate that even according to the counter filed by the respondents, in the revenue records, it is noted as ‘Gattu Poramboke’. It is for the respondents to get the entries rectified and instead of doing that, they are obstructing the petitioner, who is conducting quarry operations in pursuance of the lease granted by the Deputy Director of Mines and Geology, Kakinada vide proceedings No.453/A1/2007 dated 22.1.2007. According to the respondents, they have conducted survey of the land and in the said survey, the subject land was found to be a protected forest land. Admittedly, the alleged survey was not conducted in the presence of the petitioner. All these assertions made by the respondents are not established by way of any admissible evidence and in fact there is no evidence. Therefore, I am of the opinion that so long as the petitioner holds a valid licence issued by the Mines and Geology Department, the respondents cannot interfere with the quarry operations conducted by the petitioner. Under those circumstances, the respondents are directed not to interfere with the quarry operations conducted by the petitioner in the land to an extent of 2.000 hectares in Sy.No.207/1 of Gontuvanipalem village, Addateegala mandal, East Godavari district. However, this will not preclude the respondents from taking appropriate legal steps, if so advised, as per law. The writ petition is accordingly allowed. No order as to costs. ______________ C.V.RAMULU, J Date: 31.12.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.3678 of 2007 31.12.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.3678 of 2007 Date: 31st December, 2010 Between: P.Suri Babu . Petitioner And The District Forest Officer, Kakinada, East Godavari district and others. .. Respondents