The court emphasized the jurisdiction of the Additional District Judge under the Forest Act and the Forest (Conservation) Act, 1980, and the applicability of the directions issued by the Apex Court in T. N. Godavarman Thirumulkpads case.

( 1 ) WE have heard this writ petition along with Special Appeal no. (519) of 2002.

( 2 ) THE petitioner in this writ petition and the appellant in Special Appeal No. (519) of 2002 (hereinafter referred to as special appeal) are similarly situated and have filed writ petition and special appeal for similar relief. The special appeal has arisen out of writ Petition No. 29926 of 2002 (Bhairao ram v. Additional District Judge, Anpara situated at Obra, Sonbhadra and others ). In Writ Petition No. 29926 of 2002 almost similar relief, has been claimed by the petitioner/appellant, Bhairao Ram, which are being claimed in this writ petition. The writ petition filed by Bhairao Ram being Writ petition No. 29926 of 2002 has been dismissed by learned Single J,udge vide his judgment dated 4-10-2002 against which special appeal has been filed. Since both the cases arises out of the same facts and circumstances, Writ Petition No. 6047 of 2003 is being treated as leading case and reference of facts of the above writ petition are sufficient to decide both the cases.

( 3 ) BY this writ petition, the petitioner has prayed for issuance of following writs: (I) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents by permitting the petitioner for excavation/lifting of minor mineral granted to the petitioner in pursuance of lease deed dated 16th March, 2001 from river bed to the extent of 10 Acre over plot No. 246/1 mi. Lot No. 5 at Village gurdah, Pargana Agori, Tehsil Robertsganj, district Sonebhadra. (II) issue a writ, order or direction in the nature of mandamus directing the respondents not to give effect to the order dated 29-6-2002 (Annexure-J.) providing the restriction upon the right of petitioner from excavation of minor mineral granted in pursuance of lease deed dated 16-3-2001 (Annexure-14) after realisation of royalty and other charges as well as No Objection Certificate by the Divisional Forest Officer dated 14-5-1999 (Annexure-12) declaring the ex parte order passed by respondent No. 4 in review Application No. 2810 of 1992 after 9-5-1994 (order dated 30-1-1999 and amendment in Revision made on 15-2-2001 and also the order dated 3-6-2002, annexure-17) as null and void and also without jurisdiction.

( 4 ) BRIEF facts giving rise to this writ petition are; petitioner was granted a mining lease of sand for excavating a minor mineral. The leas deed was executed by the District magistrate, Sonbhadra in respect of plot No. 246/1 to the extent of an area of 10 acres situate in Village Gurdha, Tahsil robertsganj, District Sonbhadra. The lease was executed for a period of three years in accordance with the provisions of U. P. Minor Mineral (Concession) Rules, 1963. The petitioner started mining operation after execution of lease deed. By an order dated 29th June, 2002, the mining operation of 11 persons including the petitioner was prohibited. It was stated in the order that additional District Judge in Review Application no. 2810 of 1992 (Forest Department v. Mahendra Singh and others) has passed an order directing for constituting reserved forest in Plot No. 246/1 area 453 bighas and 17 biswas under Section 4 of Forest Act.

( 5 ) PETITIONERS case in the writ petition is that petitioner has not committed breach of any condition of lease deed nor petitioner was given any notice before prohibiting her from carrying on her mining operation. In the writ petition, the petitioner has also prayed for declaring the order dated 3rd june, 2002 passed by Additional District judge in Review Application No. 2810 of 1992 and also the orders dated 30-1-1999 and 15-2-2001 passed on the aforesaid review application as void and without jurisdiction.

( 6 ) SRI Y. K. Saxena learned counsel appearing for the petitioner challenging the order dated 29th June, 2002 submitted that petitioner having granted mining lease after obtaining no objection certificate from the district Magistrate is entitled to ca