COMMON ORDER:

The petitioner in W.P.No.2339 of 2023 has filed the writ petition seeking suspension of the license granted to the 6th respondent therein vide Rc.No.6961/2008A2, dated 08.09.2013 who is the petitioner in W.P.No.19256 of 2023. As the subject matter in both the writ petitions is of the same saw mill, I am of the view that it is appropriate to decide both the petitions by way of a common order taking Writ Petition No.19256 of 2023 as leading petition.

W.P. No. 19256 of 2023 came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“...to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in issuing the proceedings vide no RC.No.381 Appeal /2023M4 dated 06.07.2023 in Appeal No.381/2023 confirming the proceedings of 4th respondent i.e. District Forest Officer, East Godavari Division, Rajamahendravaram in R.C.No.646/2023P2 dated 09.02.2023 as illegal, arbitrary and contrary to the Section of 35 of the A.P.Forest Act, 1967 and rules made thereunder and as illegal, arbitrary and consequently direct the respondents to renew the Petitioners license without imposing any conditions by setting aside the proceedings issued by the 3rd respondent

and pass...”.

2. The brief facts of the case are that during 2007, the petitioner sold his ancestral property and purchased another property admeasuring an extent of Acs.0.97 cents in R.S.No.4/2 situated at Kalavalapalli village, Chagallu Mandal, West Godavari District (hereinafter referred as ‘Property’) vide settlement deed dated 27.05.2011. While so, on 31.12.2013, the petitioner has established a weigh bridge and saw mill in the name and style of M/s Sri Veerangjaneya Weight Bridge and M/s Sri Veeranjaneya Saw Mill in the said property in pursuance of the approval from the forest department. The conversion of the said property from agricultural to a non-agricultural purpose was issued on 27.07.2011 vide proceedings of the R.D.O., Kovvur and on 24.09.2011, the Tahsidlar, Chagallu mandal has issued possession certificate in favour of the petitioner.

3. Subsequently, the petitioner has leased out the sawmill to one Sri Kondepati Harinadham on 20.02.2014 for a period of 16 years 10 months and executed an unregistered deed dated 20.02.2014. But, the 5th respondent with a fraudulent motive to knock away the said property, has fabricated false documents styling them as Sale deeds and instituted a suit vide bearing O.S.No.275 of 2017 on the file of the Senior Civil Judge, Kovur against the petitioner for eviction from the property and alleged arrears thereof. Thereafter, the 5th respondent has also preferred another O.S.No.30/2018 on the file of Principal Junior Civil Judge, Nidadavole against the petitioner seeking for permanent injunction and the same was dismissed on 09.11.2021. Thereafter, the 4th respondent has renewed petitioner’s license basing upon the documents produced by the petitioner relating to title, in accordance with Rule 10 of A.P. Wood Based Industries (Establishment and Regulations) Rules, 2018 after due enquiry and verification of title deeds and possession certificate submitted by the petitioner.

4. While so, the 5th respondent filed W.P.No.2380 of 2022 before this Court challenging the orders of license renewal of wood- based industry vide DFO File No.6961/2009/SS for the year valid up to 31.12.2021 issued in favour of the petitioner, which was however dismissed as withdrawn on 14.10.2022. Thereafter, another writ petition was filed by the 5th respondent vide W.P.No.2339 of 2023 challenging the inaction of the respondent No.4 in suspending the impugned license granted to the petitioner, in which, this Court has passed an interim order on 01.02.2023 directing the 4th respondent to consider the 5th respondent’s representation dated 03.01.2023 and to pass a speaking order within a period of four (4) weeks. In compliance to the aforesaid order, the Forest Range