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2023 DIGILAW 564 (TS)

N. Srinivasa Reddy v. State of Telangana

2023-08-10

C.SUMALATHA

body2023
JUDGMENT 1. Heard Sri Ravi Kondaveeti, learned Senior counsel who argued on behalf of Mr.Kirthi Teja Kondaveeti, learned counsel on record for the Writ Petitioner, Smt.S.Premalatha, learned Assistant Government Pleader for Industries & Mines, who is representing Respondent Nos.1 to 4 and Sri L.Sameer Reddy, learned Assistant Government Pleader for Forests, who is representing Respondent No.5. 2. This Writ Petition is filed seeking the Court to issue an order, more particularly, in the nature of Writ of Mandamus declaring the proceedings in Rc.No.111/2023/A2(ii), dtd. 17/5/2023, that were issued by the 5th respondent directing the 4th respondent to stop issuance of transport permits to the petitioner, as illegal and arbitrary and consequently to declare that the petitioner is entitled for getting dispatch permits. 3. Making his submission with regard to the merits of the matter, learned counsel for the petitioner states that the petitioner was granted quarry lease over an extent of 2 Hectares of land which is located in Sy.No.82 of Gowraram Village. The said lease was granted in consultation with the Department of Mines and Geology and also the Forest Department. Learned counsel also states that subsequently, the petitioner submitted an application for renewal of the quarry lease. The said application was referred to the Tahsildar for issuance of No Objection Certificate and the Tahsildar issued No Objection Certificate. Learned counsel submits that the lease was renewed for a further period of twenty years and thus, the petitioner was carrying out the activities. However, a notice was issued to the petitioner calling upon his explanation as to why action should not be taken against him for violating the provisions of the Telangana Forest Act 1967. The petitioner was directed to vacate the land immediately. Learned counsel contends that the petitioner submitted his reply giving details of the lease that was granted in his favour. Learned counsel states that the 5th respondent, thereafter, through the impugned proceedings, directed the 4th respondent not to issue any transport permits for metal quarried till completion of joint survey. Learned counsel states that joint survey has to be conducted by the Forest Department in coordination with the Revenue Department and the petitioner has nothing to do with it and therefore, the petitioner cannot be put to loss by non-issuance of transport permits of metal quarried. 4. Learned counsel states that joint survey has to be conducted by the Forest Department in coordination with the Revenue Department and the petitioner has nothing to do with it and therefore, the petitioner cannot be put to loss by non-issuance of transport permits of metal quarried. 4. The submission of learned Assistant Government Pleader for Forests is that the petitioner was granted lease to conduct mining in the land located in Sy.No.82 of Gowraram Village. The new survey number corresponding to Sy.No.82 is Sy.No.127. The land in Sy.No.127 of Gowraram Village belongs to Forest Department and thus, the petitioner cannot carry on mining activities and hence, the impugned proceedings were issued which are justifiable. 5. In reply to the said submission, learned counsel for the petitioner, by brining to the notice of this Court the documents submitted along with the counter by Respondent No.5, states that as per the information furnished by Forest Range Officer, Kodangal, the land in Sy.No.127 of Gowraram Village is un-notified. Learned Assistant Government Pleader for Forests failed to deny the genuineness of the said information. When the learned counsel for the petitioner placed reliance upon Sec. 4 of the Telangana Forest Act, 1967, learned Assistant Government Pleader for Forests relied upon Sec. 24 of the same legislation. Sec. 4 of the Telangana Forest Act, 1967 reads as under:- "4. Notification by Government:- (1) Whenever it is proposed to constitute any land as a reserved forest, the Government shall publish a notification in the Telangana Gazette in the District Gazette concerned if any; (a) specifying, as nearly as possible, the situation and limits of such land; (b) declaring that it is proposed to constitute such land as reserved forest; (c) appointing a Forest Settlement Officer to consider the objections, if any, against the declaration under Clause (b) and to enquire into and determine the existence, nature and extent of any rights claimed by, or alleged to exist in favour of, any person in or over any land comprised within such limits, or to any forest produce of such land, and to deal with the same as provided in this Chapter. Explanation:- (1) For the purpose of Clause (a), it shall be sufficient to describe the limits of the land by any well-known or readily intelligible boundaries, such as roads, rivers, bridges and the like. Explanation:- (1) For the purpose of Clause (a), it shall be sufficient to describe the limits of the land by any well-known or readily intelligible boundaries, such as roads, rivers, bridges and the like. (2) A person appointed to be a Forest Settlement officer under Clause (c) of sub-sec. (1) shall be an officer of the Revenue Department not below the rank of a Revenue Divisional Officer. (3) Any forest officer may represent the Forest Department at the inquiry conducted under this Chapter." Sec. 24 of the Telangana Forest Act, 1967 reads as under:- "24. Protected Forests:- (1) The Government may, by notification, declare any forest or waste land which is the property of the Government or which is placed under their control for management and which is not included in a reserved forest, to be a protected forest and, on such declaration, the provisions of this Chapter shall apply to such protected forest. (2) No such notification shall be made in respect of any land unless the nature and extent of the rights of the Government and of private persons in or over such land have been inquired into and recorded at a survey of settlement, or in such other manner as may be prescribed and every each record shall be presumed to be correct until the contrary is proved: Provided that, where in the case of any land, the Government consider that such inquiry and record are necessary, but that the completion thereof will occupy such length of time, as in the meantime, to endanger the rights of the Government, the Government may, pending such inquiry and record, declare such land to be protected forest but such declaration shall not affect or abridge any existing rights of individuals or communities." 6. No material is produced before this Court to show that the subject property is notified as 'Reserved Forest' as per Sec. 4 of the Telangana Forest Act or notified as 'Protected Forest' under Sec. 24 of the Telangana Forest Act. 7. Learned Assistant Government Pleader for Forests states that steps are being taken for issuance of notification. However, such submission itself has made it clear that no notification is issued till now. 8. 7. Learned Assistant Government Pleader for Forests states that steps are being taken for issuance of notification. However, such submission itself has made it clear that no notification is issued till now. 8. Learned Assistant Government Pleader for Industries and Mines, who is representing Respondent Nos.1 to 4, states that on verification of all documents and in consultation with all Departments, No Objection Certificate was issued in favour of the petitioner. 9. Having considered all these aspects and as the petitioner has nothing to do with the joint survey that would be held by the Forest Department and the Revenue Department, this Court is of the view that the petitioner cannot be put to loss by stopping issuance of transport permits during lease period. 10. Hence, the Writ Petition is disposed of with the following direction:- The directions issued by the 5th respondent i.e., District Forest Officer, Tandur, Vikarabad District to the 4th respondent i.e., Assistant Director of Mines and Geology, Tandur, Vikarabad District, through the impugned proceedings vide Rc.No.111/2023/A2(ii), dtd. 17/5/2023, in respect of stoppage to issue transport permits regarding metal quarried by the petitioner in Sy.No.127 of Gowraram Village, Dudyal Mandal, Vikarabad District, are set-aside. Transport permits be issued by following the Rules and Regulations in vogue. However, liberty is granted to the respondents to take steps on completion of joint survey and in pursuance of the survey report, if required. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.