IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATJ (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5717 OF 2025 Between; G. Ramdas Chowdhary, S/o. Late G. Venkat Narayan Reddy, Aged 60 Years, Occ: Proprietor, M/s. Vyshnavi Exports, R/o. D.No. 10/292, Kamma Street, Madanapalli, Chittoor District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Forest, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Principal Chief Conservator of Forest (HoFF), Forest Head Quarters, Aranya Bhavan, K.M. Munshi Road, Nagarpalem, Guntur. The Conservator of Forests, Forest Complex, Gulzar Pet, Anantapuram-515001, Andhra Pradesh. The District Forest Officer, Mittoor, Chittoor-517001, Chittoor District, Andhra Pradesh. The District Collector, Chittoor, Chittoor District. The Director, Department of Mines AND Geology, Ibrahimpatnam, Vijayawada, Krishna District. The Assistant Director, Mines AND Geology, Palamaneru, Chittoor District. 1. 2. 3. 4. 5. 6. 7. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly , . nature of Writ of Mandamus declaring the action of the 4th passing the order Rc.No. 1492/2019/TO, dated 04.12.2024 as illea3^|nd arbitrary and contrary to the inspection report vide Proceedings Rc. 1^0^3/697/2018 dated 03.06.2019 one and set-aside the same and further direct the respondents not to interfere with the mining operations being conducted by the petitioner pursuant to the mining lease dated 01.03.2018. lA NO: 2 OF 2Q2fi Petition under Section 151 CPC stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the respondent No.4 to praying that in the circumstances erect cairns basing on the inspection report vide Proceedings Rc.No.A3/697/2018 dated 03.06.2019, pending disposal of the above writ petition. lA NO: 1 OF 202.4 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court pleased to directing the respondent No.4 not to interfere with the mining operations of the petitioner in an extent of Ac.4.00 hectares in Sy.No.6 of Bheemiganipalli Village, Punganoor Mandal may be Chittoor District, granted pursuant to mining lease dated 0i:03.2018, pending disposal of the above writ petition. Counsel for the Petitioner: SRi C. RAGHU representing SRi JiTENDRA KANYALUR Counsei for the Respondent Nos.1 to 4: Ms. B. SRAVANI,AGP FOR FORESTS Counsel for the Respondent No.5: SRI T. SANJEEVA RAO, AGP FOR REVENUE Counsel for the Respondent Nos.6 & 7: Ms. M. ANUSHA, AGP FOR MINES & GEOLOGY The Court made the following: ORDER 1 APHC010113692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY .THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5717/2025 Between: 1.G RAMDAS CHOWDHARY, S/0. LATE G. VENKAT NARAYAN REDDY, AGED 60 YEARS, OCC PROPRIETOR. M/S. VYSHNAVI EXPORTS, R/0. D.NO. 10/292, KAMMA STREET, MADANAPALLI, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. DEPARTMENT OF FOREST, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE PRINCIPAL CHIEF CONSERVATOR OF FOREST HOFF, FOREST HEAD QUARTERS, ARANYA BHAVAN, K.M. MUNSHI ROAD, NAGARPALEM, GUNTUR. 3.THE CONSERVATOR OF FORESTS, FOREST COMPLEX, GULZAR PET, ANANTAPURAM-515001, ANDHRA PRADESH. 4.THE DISTRICT FOREST OFFICER, MITTOOR, CHITTOOR-517001, CHITTOOR DISTRICT, ANDHRA PRADESH. 5.THE DISTRICT COLLECTOR, CHITTOOR. CHITTOOR DISTRICT. 6.THE DIRECTOR. DEPARTMENT OF MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 7.THE ASSISTANT DIRECTOR, . MINES AND GEOLOGY, PALAMANERU, CHITTOOR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.JITENDRAKANYALUR 2 Counsel for the Respondent(S): 1.GPFOR REVENUE 2.GPFOR FORESTS 3.GP FOR MINES AND GEOLOGY The Court made the following; ORAL ORDER: ? Heard Sri C. Raghu, learned Senior Counsel appearing online representing Sri Jitendra Kanyalur, learned Counsel for the Writ Petitioner, B. Sravani, learned Assistant Government Pleader for Forest Ms. appearing for the Government Ms. M. Anusha, Respondent Nos.1 to 4. Sri T. Sanjeeva Rao. learned Assistant Pleader for Revenue appearing for the Respondent No.5 and learned Assistant Government Pleader for Mines & Geology appearing for the Respondent Nos.6 & 7. 2. Sri C. Raghu, learned Senior Counsel has drawn the Court to the impugned Order passed by Respondent No.4 (Ex.P.2). Learned Senior Counsel has taken this Court Proceedings in W.P.No.9935 of 2019 dated 26.09.2024 (Ex.P.1). He would submit that after the said Writ Petition No.9935 of 2019 Writ Petitioner herein had approached the Respondent copy of the Joint Survey Report. Learned Senior Counsel attention of this Court to the contents of the impugned Order. attention of this dated 04.12.2024 through the earlier was disposed of, the No.4, by submitting a has drawn the 3. This Court has perused the contents of the impugned Order. The Impugned Order would indicate that the Respondent No.4 had rejected the contentions of the Writ Petitioner dated 03.06.2019 cannot be relied on the basis that the Joint Survey Report on because the said Joint Survey Report was prepared at the behest of the Applicants therein and the subject land is seen the contents of the Joint Survey Report noticed that the Joint Survey Report is prepared at the behest of the Applicants namely Smt. G. Leela Swathi. also different. This Court has dated 03.06.2019. This Court has and Smt. G. 3 Having noted the fact that the Joint Survey Report was prepared basing on the Application of the two Applicants, this Court is in agreement with the opinion expressed by the Respondent No.4 in the impugned Order dated 04.12.2024 (Ex.R2) that the Writ Petitioner cannot rely on any of the findings in the Joint Survey Report dated 03.06.2019. However, this Court is of the opinion that the ends of justice would be met by directing the Writ Petitioner to submit an Application before the Competent Authority for conduct of a Joint Survey in the presence of the Officials of the Forest Department, the Officials of the Revenue Department as well as the Writ Petitioner herein. 4. Accordingly, the Writ Petition is disposed of, directing the Writ Petitioner to submit an appropriate Application before the District Collector, Chittoor (Respondent No.5) within one week from today. Upon the submission of such Application, the District Collector, Chittoor (Respondent No.5) shall, within 4 weeks thereafter, direct the conduct of a joint Survey, comprising Officials from the Forest Department and the Revenue Department, in the presence of the Writ Petitioner. The Respondent No.5 shall ensure issuance of advance information/Notice to the Writ Petitioner, as regards the time and date/dates of the joint survey. 5. 6. The joint survey shall be completed within a period of eight weeks from the date on which the District Collector constitutes the team for conducting joint survey. Upon the completion of joint survey, the Report shall be prepared and furnished to the Writ Petitioner within four weeks thereafter. 7. With the above observations and directions, this Writ Petition stands disposed of. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Department of Forest, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Principal Chief Conservator of Forest (HoFF), Forest Head Quarters, Aranya Bhavan, K.M. Munshi Road, Nagarpalem, Guntur. h 3. The Conservator of Forests, Forest Complex, Gulzar Pet, Anantapuram-515001, Andhra Pradesh. 4. The District Forest Officer, Mittoor, Chittoor-517001, Chittoor District, Andhra Pradesh. 5. The District Collector, Chittoor, Chittoor District. 6. The Director, Department of Mines AND Geology, Ibrahimpatnam, Vijayawada, Krishna District. 7. The Assistant Director, Mines AND Geology, Palamaneru, Chittoor District. 8. One CC to Sri Jitendra Kanyalur, Advocate [OPUC] 9. Two CCs to GP for Forests, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT] 12. Three CD Copies. ssb 4* HIGH COURT DATED:06/03/2025 ^ 18 MAR 2025 ^ . Current Section ORDER WP.No.5717 Of 2025 09 a DISPOSING OF THE W.P. WITHOUT COSTS