THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22162 of 2002 Date: 13.02.2008 Between: V.Suryaprakash … Petitioners AND The District Collector, Kadapa District. And others … Respondents Counsel for the petitioner: Sri N.Vivekananda Counsel for respondents: A.G.P. for Forest HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22162 of 2002 ORDER: This writ petition is filed for a writ of mandamus to direct respondent Nos.3 and 4 and their subordinates to refrain from interfering with the peaceful possession and mining operations being carried on by the petitioner over an extent of Ac.8.70 cents in sy.No.569 of Pullur village, kadapa district. Shorn of unnecessary details, it may be stated that the petitioner and respondent Nos.3 and 4 have come out with conflicting claims as to whether the above mentioned extent comprised in survey No.569 of Pullur village, Kadapa district forms part of Lankamalai reserve forest area or not. Respondent No.6, the Mandal Revenue Officer, Khazipet categorically asserted in para-2 of his counter affidavit that as per the re-settlement and survey register, the land in question is not a forest land. Respondent Nos.2 and 5 in their counter affidavit also asserted that the extracts of RSR village accounts attached to the District Collector’s report are clearly depicting that survey No.569 is classified as a ‘hill poromboke’ and that based on the recommendations of the District Collector, Kadapa with regard to classification and availability of the area, mining lease was granted in favour of the petitioner. However, the Divisional Forest Officer, Wild Life Management has a different story to tell. In his counter affidavit he claimed that the subject land is a part of Lankamalai Reserve Forest. However, at the same time he candidly conceded that in the field book of survey No.569 (revenue records) the land is written as ‘hill poromboke’. In the face of the above-mentioned contradictory averments it is not possible for this Court to give any specific finding on the status of the subject land. Therefore, the interest of justice would be served if respondent Nos.1, 3, 5 and 6 get a joint survey conducted after notice to the petitioner and issue appropriate proceedings as to whether survey No.569 of Pullur village in general and the land for which the petitioner was granted leasehold rights by the Department of Mines and Geology in particular falls within the reserve forest area or not. If it is found in the joint survey that the said land does not fall within the reserve forest, respondents 3 and 4 shall not interfere with the mining operations of the petitioner. The petitioner shall be permitted to participate in the joint survey and the respondents shall serve a copy of the proceedings to the petitioner by which they finally determine the issue. They shall complete this exercise within a period of three months from the date of receipt of a copy of this order. Till the above-mentioned proceedings are finalized, respondents 3 and 4 shall not interfere with the mining operations of the petitioner. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.27797 of 2002 filed by the petitioner seeking interim relief is dismissed as infructuous. ___________________________ C.V.NAGARJUNA REDDY,J Date:13.02.2008 mdaa