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2018 Supreme(AP) 710

RAMESH RANGANATHAN, J.UMA DEVI
Bathula Krishna – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
For the Petitioner: V.V. Satish, Learned Counsel
For the Respondents:C.V. Mohan Reddy, Learned Senior Counsel for N. Shobha, Learned Counsel, G. P. for Mines & Geology (AP), G.P. for Revenue (AP), G.P. for Forests (AP), K.K. Durga Prasad, Manohar Reddy Mallasani, Advocates

JUDGMENT :

Ramesh Ranganathan, J.

1. In this Writ Petition, filed in public interest, a mandamus is sought to declare the action of the official respondents in allowing the 8th respondent to continue mining operations, despite his failure to comply with the conditions imposed by the 4th respondent in his proceedings dated 18.12.2014, as illegal and arbitrary; and to, consequently, direct the 2nd respondent to terminate the mining lease of the 8th respondent for non-compliance of the conditions imposed by the 4th respondent.

2. Facts, to the extent necessary, are that the 8th respondent made an application on 18.09.2009 for grant of lease of Laterite Mining Quarry in an extent of 20.17 Hectares in Sy. No. 532 of Thorada Village, H/o Sarugudu Panchayat, Nathavaram Mandal, Visakhapatnam District. The Tehsildar, Nathavaram, inspected the land on 16.11.2009 for which the 8th respondent had applied for a mining lease, and recorded notes of inspection, inter alia, stating that it is not forest land. The Divisional Forest Officer, Narsipatnam, in his letter addressed to the Assistant Director, District Survey & Land Records, Vishakhapatnam on 18.08.2012, clarified that the proposed leased are














































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