IMPORTANT POINT
The court established that prior judicial findings and inspections must be respected, and any new claims of violations require proper notice and participation of the affected parties.

ORDER :

Gannamaneni Ramakrishna Prasad, J.

1. Heard Sri Keerthi Kiran Kota, learned Counsel for the Writ Petitioner and Sri D. Khasim Saheb, learned Government Pleader for Forests.

2. Prayer made in the Writ Petition is as under:

“……to issue an appropriate writ, order or direction, more in the nature of Writ of Mandamus declaring the action of the 4th respondent herein in interfering and obstructing the quarrying operations in land admeasuring 4.997 hectares in Sy. No. 1-3 of Mittachintalavaripalli Village, Punganur Mandal, Chittoor district inspite of representations vide legal notice dt: 24.09.2022 and proceedings of 3rd respondent in Rc. No. 39/2010/A5 Dt: 07.08.2010 as illegal, arbitrary, colorable exercise of power, unconstitutional and consequently direct the respondent No. 4 and his staff to not to interfere and obstruct the quarrying operations in land admeasuring 4.997 hectares in Sy.No. 1-3 of Mittachintalavaripalli Village, Punganur Mandal, Chittoor district and pass such other order or orders ….”

FACTS AS SET OUT BY THE WRIT PETITIONER:-

3. The case of the Writ Petitioner is that in the year 2006, he had applied for a quarry lease for mining black granite over an extent of 5.00 hectares in Sy.No.1 to 3 of Mittachintalavaripalli Village, Punganur Mandal, Chittoor District for a period of 20 years; that the Assistant Director of Mines and Geology, Palamaner, Chittoor District (R.5) herein, has recommended for grant of Quarry Lease in favour of the Writ Petitioner vide Proceedings bearing File No.3234/Q/2007 dated 02.08.2008 for mining for an extent of 4.997 hectares Sy.Nos.1 to 3 of Mittachintalavaripalli Village, Punganur Mandal, Chittoor District; that the State of Andhra Pradesh (R.1) herein vide Proceedings bearing No.8800/R5-1/2008 dated 15.07.2008 accorded permission for mining black granite in the said extent; that thereafter, the 5th Respondent entered into a Lease Deed with the Writ Petitioner for a period of 20 years from 02.08.2008 to 01.08.2028 vide Proceedings bearing No.3234/Q/2007 dated 02.08.2008; that, later, a Joint Inspection was held on 02.02.2010 by the Respondent Nos.3 to 5 namely Divisional Forest Officer (R.3), Forest Range Officer (R.4) and Assistant Director of Mines and Geology, Palamaner, Chittoor District (R.5) along with the Officials of the Revenue Department, Survey Department for the purpose of resolving the objections raised by the Forest Range Officer (R.4); that the objections put forth by Respondent No.4 is that the mining operations partly fell in the area of Arantlapalle Reserve Forest; that the Forest Range Officer (R.4) filed a criminal complaint against the Writ Petitioner bearing C.C.No.201 of 2009 for various offences under Section 20 of Andhra Pradesh Forest Act with the allegation that the Writ Petitioner is quarrying black granite from the forest area; whereas, in the Joint Inspection, it clearly emerged that the mining operations is outside the reserve forest area; that the Respondent No.3 vide Proceedings in Rc.No.39/2010/A5 dated 07.08.2010 had categorically held that the quarrying done by the Writ Petitioner is falling on the southern side of the reserve forest line between the Stations 74 and 76 and at Station No.75; and that the quarry under operation is at nearest with about 2 chain distance (approximately 8 meters) as it goes towards the east, and the distance between reserve forest and the quarry site increases; that by the Final Judgment dated 18.08.2011, the criminal complaint filed by the Divisional Forest Officer was dismissed by the Judicial Magistrate of First Class, Punganur (Ex.P4) by placing reliance on the Proceedings issued by the Divisional Forest Officer bearing Rc.No.39/2010/A5 dated 07.08.2010; that the Judicial Magistrate of First Class, Punganur has given a clear finding that the Writ Petitioner is carrying on his quarrying operations within the land belonging to the Revenue Department but not in the land belonging to the Forest Department; and, that