APHC010735622013 \ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY. THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 1549 OF 2013 Writ Appeal under clause 15 of the Letters Patent Appeal against the order dt.30.05.2012 passed in W.P. No. 15558 of 2012. Between: The Principal Chief Conservator of Forests, (Head of Forest Force), Andhra Pradesh, Aranya Bhavan, Saifabad, Hyderabad. ...Appellant/Respondent No.2 AND 1. D Murali, S/o.Kanniah Naidu, Aged 47 years Gagannapalle Village, Chittoor Mandal & District. D.No.28-597 ...Respondent/Petitioner in WP 2. The Govt of Andhra Pradesh, Department of Mines & Geology, Rep. by its Secretary, Industries and Commerce (Mines.II) Department, Secretariat Buildings, Hyderabad. 3. The Director of Mines and Geology, B.R.K.R.Bhavan, Tankbund Road, Hyderabad. 4. The Assistant Director of Mines and Geology, Chittoor. 5. The District Collector, Chittoor. 6. The Tahsildar, Chittoor Mandal & District. (Respondents No.2 to 6 are not necessary parties) ...Respondents/Respondents No.1, 3 to 6 IA NO: 2 OF 2013(WAMP 2443 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order dt.30.05.2012 in WP No.15558 of 2012, pending disposal of the above Writ Appeal Counsel for the Petitioner: ADDL ADVOCATE GENERAL (AP) Counsel for the Respondent No.1: KRISHNA KISHORE CHINNAM The Court made the following order: 4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-20 [3483] APHC010735622013 WRIT APPEAL NO: 1549 of 2013 The Principal Chief Conservator of Forests (Head of Forest Force), Andhra Pradesh. ...Appellant Vs. D. Murali and others ...Respondents ********** Advocate for Appellant Smt S. Pranathi, learned Special Government Pleader Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 4th August 2025 PC : The present Writ Appeal has been preferred against the judgment and order dated 30.05.2012 passed in W.P.No.15558 of 2012. 2. The petitioner had challenged before the learned single Judge the proceedings dated 03.05.2012 of respondent No.2/appellant and sought a mandamus to the respondents to grant lease in favour of the petitioner to operate quarry lease in Sy.No.97 (old) and Sy.No.511 measuring an extent of 1.00 Hector of Anantapuram Village, Chittoor Mandal and District 3. The petition was disposed of by the learned single Judge direction to the respondents to consider the case of the petitioner for grant of with a 2 f license (lease) treating the land considering the fact that the land in question was not a forest land. 4. According to the learned single Judge, as the land in question was “Adavi poramboke” and was not equivalent to the forest land, the consideration could not have been denied. 5. Learned counsel for the appellant has placed reliance upon an amendment which was incorporated in the Forest (Conservation) Act, 1980 by virtue of the Forest (Conservation) Amendment Act, 2023 (No. 15 of 2023) and notified on 04.08.2023 whereby. Section 1A was inserted, which reads as under;- “1A. (1) The following land shall be covered under the provisions of this Act, namely:— (a) the land that has been declared or notified as a forest in accordance with the provisions of the Indian Forest Act, 1927 under any other law for the time being in force; (b) the land that is not covered under clause (a), but has been recorded in Government record as forest, as on or after the 25th October, 1980: Provided that the provisions of this clause shall not apply to such land, which has been changed from forest use to use for non-forest purpose on or before the 12th December, 1996 in pursuance of order, issued by any authority authorised by a State Government an Union Territory Administration in that behalf. Explanation.—For the purposes of this sub-section, the expression "Government record" means record held by Revenue Department Forest Department of the State Government or Union Territory Administration, or any authority, local body, community or council recognised by the State Government Administration. or an or or Union territory or 2 3 3 0 We can see from the record that when the appeal was preferred, this Court, by virtue of order dated 18.07.2013, had stayed the operation of the judgment and order impugned. 6. Keeping in view the amendments which have been incorporated in the Forest (Conservation) Act, we dispose of this appeal with a direction to the respondents to consider the case of the petitioner strictly in accordance with the provisions of the Forest (Conservation) Act, 1980, as amended by virtue of the Forest (Conservation) Amendment Act, 2023, and pass appropriate orders. Accordingly, to that extent, the judgment and order impugned shall stand modified. No order as to costs. 7. Pending miscellaneous applications, if any, shall stand closed. SD/- G SRINIVAS REDDY DEPUTY REGISTRAR SECW^TO^CER //TRUE COPY// / / i' To, 1. Two CCS to ADDITIONAL ADVOCATE GENERAL, High Court of Andhra Pradesh [OUT] 2. One CC to SRI KRISHNA KISHORE CHINNAM Advocate [OPUC] 3. Two CD Copies gsg HIGH COURT DATED: 04/08/2025 ORDER WANO. 1549 OF 2013 5 ! I AUS 2525 "* V*C“"MlSecnon . DISPOSING THE WRIT APPEAL WITHOUT COSTS