IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 13863 of 2004 Between: S. Narayana Reddy Singireddy Gangi Reddy Hyderabad. ..... PETITIONER AND 1 The Government of A.P., rep. by its Secretary, Insustries & Commerce Dept., Secretariat, Hyd. 2 The Director of Mines & Geology, BRKAR, Bhavan, 8th Floor, Tank Bund Road, Hyd. 3 The Mandal Revenue Officer, Udayagiri Mandfal, Nellore District. 4 The Forest Range Officer, Udayagiri, Nellore District. 5 The Asst Director of Mines & Geology, Nellore, Nellore 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 to issue an order or writ one in the nature of writ of Mandamus, delclaring the action of the 4th respondent in interfering with Mining Operations and transportation of the Mineral Quartz in Sy.No.251 of Gungulavari Cheruvupalli village, Udyagiri Mandal, Nellore District in over an extent of Acs. 48.25 in pursuance to grant vide G.O.Ms.No.101, Industries & Commerce (MI) Department, Dt. 19.02.2001 as arbitrary, illegal, unconstitutional without jurisdiction and violative of principles of natural justice. Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.13863 of 2004 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the fourth respondent in interfering with the Mining operations and transportation of Mineral Quartz in Sy.No.251 of Gangulavari Cheruvupalli village, Udayagiri mandal, Nellore district in over an extent of Ac.48-25 in pursuance of grant vide G.O.Ms.No.101, Industries and Commerce (MI) Department dated 19.2.2001 as arbitrary and illegal. The facts are not much in dispute. The petitioner was granted with mining licence under G.O.Ms.No.101 dated 19.2.2001 in respect of Ac.48- 25 in Sy.No.251 of Gangulavari Cheruvupalli village, Udayagiri mandal, Nellore district for a period of 20 years. Now, it is his grievance that the fourth respondent is interfering into his mining operations and transportation of quartz on the ground that the petitioner in the guise of permission, is trying to conduct mining operations into the reserved forest area. A detailed counter affidavit has been filed by the respondents stating that the Mandal Revenue Officer, Udayagiri had reported that the area is classified as grazing poramboke and the dispute whether the mining lease held by the petitioner in S.No.251 of Gangulavari Cheruvupalli village, Udayagiri mandal, Nellore district for quartz over an extent of Ac.48-25 is in the forest land or in the revenue land may be settled only after conducting joint inspection by the Department of Forest Officials as well as Revenue Officials. Under those circumstances, to avoid any conflict, it is always advisable that a joint survey be conducted and boundaries are fixed. In view of the above, without expressing any opinion on merits, the second respondent is directed to conduct a joint survey in the presence of revenue as well as forest officials and take appropriate decision, as per law. However, petitioner shall be put on notice at the time of conducting survey. Till such time, the Forest Officials shall not interfere with the operations being conducted by the petitioner. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 10.6.2009 DA THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.10319 of 2004 10.6.2009