Kancherla Sri Krishna v. The Divisional Forest Officer and three others

This writ petition is filed for a Mandamus to declare the action of respondents 1 and 2 in interfering with the quarrying operations of the petitioner over 2 hectares of land in Survey No.138 of Ayyavarigudem V i l l age, Yerrupalem Mandal, Khammam District as illegal and arbitrary. On the application for grant of quarry lease for stone and metal by the petitioner, over an extent of 5 hectares in the abovementioned survey number, a quarry lease was granted in his favour by the Deputy Director of Mines and Geology, Warangal, vide his proceedings dated

18.07.2006, over an extent of 2 hectares for a period of ten years. The petitioner filed the present writ petition complaining of interference with his quarry operations by respondents 1 and 2 on the purported ground that the leased area falls within the notified reserve forest. Respondent No.4 filed a counter-affidavit, wherein, it is, inter alia, mentioned that after the grant of quarry lease in favour of the petitioner, respondent No.2 has addressed letter dated 31.10.2007 to respondent No.4 stating that the leased area is included in the Ayyavarigudem reserve forest block as notified under Section 19 of the Andhra Pradesh (Telangana Area) Forest Act, 1355 fasli and requesting to drop the proceedings and stop the mining activities. That on receipt of the said letter, respondent No.4 addressed letter dated 14.11.2007 to respondent No.3 with a request to him to re-examine the land classification, its availability and the no objection certificate earlier granted in favour of the petitioner.

Responding to the said letter, respondent No.3 issued certificate dated 27.12.2007 stating that the extents admeasuring Acs.230.14 cents and Acs.130.29 cents in Survey Nos.138 and 150 respectively of Ayyavarigudem Village are Government lands as per revenue record. At the hearing, the learned Government Pleader for Forests, on the basis of the written instructions received by him, stated that the land over which the mining lease was granted to the petitioner forms part of Ayyavarigudem reserve forest as notified on 12.05.1966 and therefore, the petitioner is not entitled to carry on the mining activities. In my opinion, the question whether the leased area held by the petitioner is part of reserve forest or not cannot be adjudicated by this Court while exercising its writ jurisdiction under Article 226 of the Constitution of India. From the counter-affidavit filed by respondent No.4, it is clear that before granting the lease in favour of the petitioner, respondent No.3 has granted no objection certificate and that even after respondent No.2 has addressed a letter claming that the leased area was a reserve forest, the matter was referred to respondent No.3 again and it was reiterated by the said respondent that the land forms part of Government land.