A. Ramalingeswara Rao, J.

1. Heard the learned Counsel for the petitioner, learned Government Pleader for respondent Nos. 1 to 3, and the learned Counsel for the fourth respondent.

2. The fourth respondent applied for grant of quarry lease on 28.12.1998 over an extent of 1 hectare for black granite in S.No. Unsurveyed Area of Gudipala Village and Mandal, Chittoor District. The application of the fourth respondent was referred to the Mandal Revenue Officer for his report. The Mandal Revenue Officer, through his letter Ref.No.ROC-HDT/10/99, dated 20.01.1999, stated that the applied area in the survey number of unreserved forest of Gudipala Village and Mandal, is classified as Chithapara Forest Reserve as per the revenue records. Based on the said report, the application of the fourth respondent was recommended to the second respondent for rejection by the third respondent. In pursuance of the recommendation of the third respondent, the second respondent issued a show cause notice on 08.06.1999. The fourth respondent submitted an explanation stating that they would submit no objection certificate from the Forest Department as the said matter was with the District Forest Officer (West), Chittoor. However, the second respondent, vide his proceedings No. 1009/R4-2B/99, dated 05.07.2000, rejected the application of the fourth respondent. Against the said order, the fourth respondent preferred a revision to the first respondent on 12.03.2007. The said revision was allowed by the first respondent by proceedings in Memo No. 4376/M.II(1)/2007 dated 09.01.2008.

3. It appears that M/s. Hanuman Granites and M/s. Bharath Granites also filed an application in the same survey number in respect of the area applied for by the fourth respondent. The Mandal Revenue Officer, Gudipala, vide his letter No. A/69/2003, dated 22.01.2004, addressed a letter to the Forest Range Officer, Chittoor (West) stating that the applied area was originally in Chithapara Reserved Forest at the time of survey and settlement operations and subsequently a portion of Chithapara A block reserve was disafforested as per BPF 195 Misc. dated 22.03.1919. He also stated that the portion applied for was an unsurveyed gap area adjoining land of Gudipala Village and hence under the control of Revenue Department. After verification of the forest and revenue records, the District Forest Officer, Chittoor West Division, Chittoor had stated that the Forest Range Officer had submitted that he had verified the records and reported that as per BPF 195 Misc., dated 22.03.1919, the area applied by M/s. Bharath Granites is unreserved area falling outside the reserve forest boundary. Based on the same, the second respondent granted two quarry leases in the unreserved areas in favour of M/s. Bharath Granites and M/s. Hanuman Granites. In respect of M/s. Alex Granites also, the Mandal Revenue Officer, Gudipala, had issued no objection certificate for grant of quarry lease. When the fourth respondent submitted those papers, the revision of the fourth respondent was allowed.

4. The petitioner applied for grant of quarry lease for black granite over an extent of 1 hectare in the same survey number on 11.12.2006, but it was withdrawn by the petitioner later on. Subsequently, the petitioner filed another application on 16.06.2007 in the name of M/s. Sakku Granites. The Mandal Revenue Officer, vide letter No. Roc.A/141/2007 dated 22.01.2007 issued no objection certificate for grant of quarry lease in favour of M/s. Sakku Granites, in pursuance of the application of the petitioner dated 11.12.2006. The third respondent had inspected the area and recommended for grant of quarry lease for black granite in favour of the petitioner. Though M/s. Alex Granites submitted a similar application on 04.09.2003, the no objection certificate was rejected by the Mandal Revenue Officer and the applicant also did not pursue his application.

5. Learned Counsel for the petitioner submits that the revision applicat