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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
3310 - K MANMADHA RAO
D. Pentam Naidu – Appellant
Versus
State Of Andhra Pradesh – Respondent
Order:
K. MANMADHA RAO, J.
The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to issue an order or direction more in the nature of Writ of Mandamus declaring that the Proceedings Rc.No.2171/2017/TO(1), dated 5.1.2018 issued by the 7th respondent and the consequential Proceedings in Ref.No.11117/2017/WLR-1, dated 18.1.2018 issued by the 6th respondent and set aside the same as illegal, arbitrary, contrary to law and unconstitutional and consequently direct the respondents 2, 3, 6 to 9 herein to permit the petitioner to conduct the Mining Operations in respect of the mining lease granted for Calcite and Mica over an extent of Ac.6.44 hectares in Survey No.4 of Kudia Village, Anahtagiri Mandal, Visakhapatnam, in pursuance of the Proceedings issued by the Assistant Director of Mines and Geology, Visakhapatnam vide Proceedings 4519/M/2002, dated 15.11.2002 and also as per the orders issued by the Principal Chief Conservator of Forests, Guntur in Proceedings in Ref.No.11117/2017/WLR-1, dated 22.12.2017, if necessary, by duly conducting a Joint Survey by the Revenue, Forest, Survey and Mining Departments in respect of the above said l
The court affirmed that the disputed mining area is classified as Revenue land, not Reserve Forest, necessitating a joint survey to resolve land classification disputes.
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.
The court upheld the principle that claims to ownership over lands designated as reserved forest cannot be established without following lawful de-reservation processes.
The court upheld the State's authority to declare land as reserved forest, emphasizing that tenure-holders cannot claim proprietary rights over such land post-abolition of Zamindari.
The court ruled that claims over estate lands must be substantiated by evidence of continuous occupation before a specified date, and mining leases granted during disputes are valid.
The main legal point established in the judgment is the lack of jurisdiction of Consolidation Authorities over forest land notified under Section-4 of the Indian Forest Act, 1927, and the vesting of ....
Compliance with statutory procedures for declaring reserved forests under the Orissa Forest Act, 1972 is mandatory.
Mining activities on previously classified forest land require strict compliance with environmental clearance procedures; unauthorized operations are impermissible under the Forest (Conservation) Act....
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