Andhra Pradesh High Court - Amravati
M/S. Kakatiya Cement Sugar And ... vs The State Of Andhra Pradesh on 8 September, 2025
APHC010461892025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
Monday, the Eighth Day of September Two Thousand and Twenty Five
Present
The Honourable Ms.Justice B.S.Bhanumathi
Writ Petition No: 23426 of 2025
Between:
M/s. Kakatiya Cement Sugar and Industries Limited ...Petitioner
and
The State of Andhra Pradesh and others ...Respondents
Counsel for the petitioner:
1. Devi Prasad Mangalapuri Counsel for the respondents:
1. G.P. for Forests
2. G.P. for Mines and Geology The Court made the following ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking following relief:
"...issue any writ, order or direction more particularly one in the nature of writ of Mandamus i) to declare the proceedings 2 W.P.No.23426 of 2025 bearing Rc.No.21/2001/TO dated 13.05.2025 issued by the respondent No. 4 as arbitrary, illegal and in contravention of principles of natural justice (ii) to declare the proceedings bearing Rc.No.21/2001/TO dated 06.06.2025 issued by the respondent No. 4 as arbitrary, illegal, contrary to principles of natural justice and in violation of Section 8A of the Mines and Minerals (Regulation and Development) Act, 1967, G.O.Ms.No.26 dated 15.02.2018 issued by the respondent No.5 and the Circular bearing F.No. 11-51/2015-FC dated 01.04.2015 issued by the Ministry of Environment, Forests and Climate Change, Government of India (iii) to consequently set aside the proceedings bearing Rc.No. 21/2001/TO dated 13.05.2025 and 06.06.2025 issued by the respondent No. 4, in view of Section 8A of the Mines and Minerals (Regulation and Development) Act, 1967, G.O.Ms.No.26 dated 15.02.2018 issued by the Respondent No. 5 and the Circular bearing F.No.11-51/2015-FC dated 01.04.2015 issued by the Ministry of Environment, Forests and Climate Change, Government of India and (iv) to pass..."
2. The case of the petitioner in brief is as follows:
a. The petitioner is a Company incorporated on 07.07.1979 under the provisions of the Companies Act, 1956. By G.O.Ms.No.192 dt.19.03.1982, the erstwhile Government of Andhra Pradesh, Industries & Commerce (MII) Department, granted mining lease for limestone for a period of 20 years (i.e., up to 19.05.2002), in favour of Sri.P.Venkateswarulu who was the promoter and managing director of the company. The licence was granted in respect of Acs.300 in Sy.No.236 in Jaggayyapet Reserve Forest, Krishna District, Andhra 3 W.P.No.23426 of 2025 Pradesh ("mining land"), under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 ("M.M.D.R. Act"). Thereafter, by G.O.Ms.No.613 dt.08.10.1982, the said lease was transferred to the petitioner. Accordingly, the petitioner carried out mining activities in the said forest area. On 10.05.2001, the petitioner applied for renewal of the mining lease under the M.M.D.R. Act and the same was under
consideration. As per Section 2 of the Forest (Conservation) Act, 1980, renamed as the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 in the year 2023 ("F.C. Act"), prior approval of central government is required for granting permission for use of any forest land for non-forest purpose. Further, as per Rule 13 of the F.C. Rules, a user agency which takes on lease the forest land, shall provide a non-forest land and bear the cost of raising compensatory afforestation ("C.A.") over such land. As per Rule 14(2), the land identified and earmarked for compensatory afforestation shall be treated and afforested by the state government or otherwise, as per the approved plan.
b. By G.O.Ms.No.128 dt.17.03.1982, the Forest Department of Government of Andhra Pradesh, granted approval under Section 2 of the F.C. Act for leasing of the mining land for 20 years (i.e., up to 17.03.2002), subject to conditions that the petitioner would fill up pits and plant trees. There was no condition to offer equivalent non-forest land for compensatory afforestation. On 26.12.2000, the petitioner submitted a letter to the District Forest Officer (D.F.O.), Krishna Division, seeking renewal of the mining lease for further 20 years, and informed that it had identified a land in Sy.No.318 of Nemalipuri Village, Mellacheruvu Mandal, Nalgonda District, adjacent to the mining land as compensatory land for afforestation and that if the said land is suitable, it would purchase the land and handover it to the forest department.
After conducting enquiry by the Forest Range Officer, with the 4 W.P.No.23426 of 2025 assistance of the Mandal Revenue Officer (M.R.O.), Mellacheruvu, to verify the boundaries. By letter bearing Rc.No.16/2002/S1(S5) dt.28.03.2002, the D.F.O., Nalgonda informed the petitioner that the land identified was suitable for afforestation and directed to furnish the documents of the ownership etc., for the purpose of renewal of mining lease. Accordingly, on 12.06.2002, the petitioner purchased Acs.389 in Sy.No.318 of Nemalipuri Village under registered sale deeds and registered agreement of sale cum G.P.A. c. Meanwhile, as the mining lease had expired, temporary working permission under the F.C. Act was granted to the petitioner on 06.06.2002. The M.R.O., Mellacheruvu issued no-objection certificate dated 09.04.2002 and possession certificate dated 21.08.2002, certifying that Acs.389 in Sy.No.318 of Nemalipuri Village (C.A. land) was patta land and petitioner had purchased it from the pattedars. He further informed that the revenue department had no objection if the said land is transferred to the forest department. On 18.10.2002, the central government issued a letter, granting in-principle approval and agreeing to the renewal of the mining lease subject to certain conditions, including transfer of the C.A. land. While the petitioner was finalising to transfer the C.A. land to the forest department, third parties Sri.S.P.V.Bhattacharya and others filed a petition before the District Collector, Nalgonda, alleging that the C.A. land was mutated irregularly and that they were the true owners. The petition was dismissed and the no-objection certificate dated 09.04.2002 issued by the M.R.O., Mellacheruvu, was upheld and it was informed by the Revenue Division Officer (R.D.O.), Suryapet, to the D.F.O., Nalgonda, vide Lr.No.E/217/2003 dt.10.04.2003. At the behest of the D.F.O., a joint survey was conducted by the Assistant Director, Survey and Land Records, Nalgonda and a report was submitted on 14.07.2003 5 W.P.No.23426 of 2025 indicating that only an extent of Acs.941 out of the total extent of Acs.1389.36 in Sy.No.318 in Nemalipuri village, was forest land and that the C.A. land offered by the petitioner was out of the forest land notified by the Government by G.O.Ms.No.795 dt.29.03.1955. Despite the willingness of the petitioner to provide the C.A. land, and the confirmation by the revenue department that it was patta land and it had been purchased only after the D.F.O. had confirmed that it was suitable, the Forest Department was refusing to accept that land and renew the mining lease. Aggrieved by the same, the petitioner filed W.P.No.25218 of 2003 before the erstwhile High Court of Andhra Pradesh. Vide the final order dt.08.01.2004, the Court had directed the D.F.O., Nalgonda, to accept the land offered by the petitioner. Challenging the final order, the forest department preferred W.A.No.923 of 2004 and the appeal was disposed by the order dt.28.09.2004 setting aside the interim order with a direction that the entire matter would be decided by the Principal Secretary, Forest Department, Government of Andhra Pradesh, Hyderabad after hearing the writ petitioner and the representatives of the revenue and forest departments. Further stating that he had come to a conclusion that the area offered by the writ petitioner was in consonance with the spirit of order issued by the Government of India on 08.10.2002, and he would pass appropriate order directing the writ petitioner to transfer and mutate the land in favour of the State Forest Department and also to comply with the remaining terms and conditions. Following the final order in the writ appeal, the Principal Secretary, Forest Department, issued proceeding vide Memo No. 3820/For.l(1)/2002-24 dt.04.12.2004 which reads as follows:
"In these circumstances, while the extent border of the petitioner's 300 acres of land still needs to be finally demarcated vis-a-vis the Forest block, we can give benefit 6 W.P.No.23426 of 2025 of doubt to the petitioner, in the absence of proper forest settlement, as required under the original notification of 795/1955. Till the Revenue Department completes the Forest settlement process, the petitioner shall hand over after mutation, the land identified by him in Survey number 318 to the D.F.O, Nalgonda. The Forest Department shall take over the land offered and earlier accepted by the department in lieu of compensatory afforestation. The Forest Department shall pursue with the District Collector to take up forest settlement operations and finalise the exact boundaries of the Reserve Block, encroachments if any and private patta lands.
In case at a future date, it is clarified that the petitioner has indeed offered a part or all of notified Forest block instead of private land, then he has to compensate an equivalent area of non-forest land, suitable for plantation, to the Forest department."
d. Accordingly, by notice bearing Rc.No.16/2001/S1(S5) dt.20.12.2004, the D.F.O., Nalgonda directed the petitioner to transfer the land of Acs.300 in Sy.No.318, Nemalipuri Village as C.A. land, for renewal of the mining lease. Accordingly, on 21.12.2004, the D.F.O., Nalgonda and the petitioner entered into a conveyance deed registered as Doc. No. 6923 at the S.R.O., Nalgonda, where-under the C.A. land was transferred to the D.F.O. and the boundaries of the land were clearly demarcated. Later, by order dt.23.12.2004, the M.R.O., Mellacheruvu, ordered mutation of the Acs.300 land in favour of the Forest Department, Government of Andhra Pradesh. As a result, alternate C.A. land was duly transferred to the Forest Department, for 7 W.P.No.23426 of 2025 conducting afforestation activities. On 10.03.2005, the petitioner also remitted C.A. charges amounting to Rs. 55.81 lakh to D.F.O., Nalgonda. Following the conveyance of land, the Ministry of Environment and Forests (F.C. Division), Government of India, issued renewal of the mining lease for a period of 20 years vide letter bearing F.No.8- 44/2002-FC dt.31.03.2005, stating that compliance report on the conditions had been obtained from the Principal Chief Conservator of Forest, Hyderabad, and that the non-forest land transferred should be declared as Reserve Forest / Protected Forest. Only upon satisfaction of compliance of all the conditions, the mining lease was renewed. The G.O. specified that compensatory afforestation shall be raised and maintained by the State Forest Department at the project cost. On 17.04.2005, the petitioner entered into an agreement with the D.F.O., Krishna Division, with regard to renewal of the mining lease and proceeding bearing Rc.No.21/2001-D was issued by the D.F.O. confirming the renewal for a period of 20 years (i.e., up to 08.04.2025). The petitioner was conducting mining activities in accordance with law. Pursuant to G.O.Ms.No.105 dt.13.09.2004 issued by the Forest Department to collect Net Present Value (N.P.V.) of forest land proposed for diversion for non-forest purpose in all cases which have been granted in-principle approval after 30.10.2002, the D.F.O., Krishna Division, issued Memo No. 2705/FOR.I(1)2008-2 dated 17.06.2008 to the petitioner directing to pay the N.P.V. The memo was challenged by the petitioner vide W.P.No.16594 of 2008. An interim order dated 05.08.2008 was passed an interim order therein suspending the memo, subject to the condition of depositing Rs.1 crore by the petitioner in two instalments on or before 06.10.2008. Upon payment of the Rs.1 crore, the interim order was made absolute by the High Court and the same is subsisting till date. There is an objection about the C.A. land, alleging 8 W.P.No.23426 of 2025 that it is assigned land. The District Collector, Nalgonda, replied vide Lr.No.F1/2818/2010 dt.18.03.2010 stating that the C.A. land offered is not government land and was purchased by the petitioner from the legal heirs of the pattedar. 3 years later, without considering the decision of the District Collector, Nalgonda, the Joint Collector, Nalgonda, suo moto took up the matter and issued the show cause notice dt.09.12.2013 to the petitioner and the same was challenged as it is contrary to Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 vide W.P.No.27785 of 2014. By the interim order dt.18.09.2014, the High Court directed the petitioner to appear before the respondent No.3 therein and the Joint Collector to proceed with the inquiry and not to pass any final order till a final order is passed by the High Court. The writ petition is still pending and the representatives of the company appeared before the Joint Collector. After bifurcation of the State of Andhra Pradesh, the area of the mining of the petitioner is within the State of Andhra Pradesh whereas the C.A. land conveyed by the petitioner is within the State of Telangana. As per the clarification No.2.4(vi) in the 'Handbook of Guidelines for Effective and Transparent Implementation of the Provisions of Forest (Conservation) Act, 1980, no additional or alternate C.A. land is required to be given by the petitioner. The petitioner's renewal application under the M.M.D.R. Act remained pending until 2015. On 12.01.2015, the M.M.D.R. Act was amended by insertion of Section 8A permitting all mining leases granted before the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 shall be deemed to have been granted for a period of fifty years. Thus, the mining lease of the petitioner is deemed to have been extended up to 18.05.2032. Confirming the same, the Industries & Commerce (M.III) Department, Government of Andhra Pradesh / respondent No. 5, issued 9 W.P.No.23426 of 2025 G.O.Ms.No.26 dt.15.02.2018, stating that the lease period of the petitioner is extended up to 18.05.2032. The Ministry of Environment, Forests and Climate Change, Government of India issued Circular bearing F.No.11-51/2015-FC dt.01.04.2015 stating that in respect of existing mining leases under Section 8A of the M.M.D.R. Act, period of validity of approvals accorded under Section 2 of the F.C. Act shall be extended, and shall be deemed to have been extended up to a period co-terminus with the period of mining lease in accordance with the provisions of the M.M.D.R. Act, 1957, as amended, subject to payment of Net Present Value (N.P.V.) of the forest land for which validity of approval has been extended. Further, a clarification was issued by the Government on 20.09.2017 that only those mining leases for which there was no valid F.C. clearance when M.M.D.R. Act, 2015 came into force, will be required to obtain a fresh clearance under the F.C. Act. In view of the above circulars dt.01.04.2015 and 20.09.2017, the renewal under Section 2 of the F.C. Act granted to the petitioner shall be deemed to be extended up to 18.05.2032 without requirement of any further renewal application.
e. Without considering the deemed extension of the forest clearance the D.F.O., NTR Division i.e., the respondent No.4 issued the letter dt.22.11.2024 to the petitioner stating that its forest clearance would expire by 30.03.2025 and to obtain necessary renewal. The petitioner submitted the reply letter dt.13.02.2025 requesting to consider the deemed extension of its forest clearance until 18.05.2032. Even then, on 01.05.2025, the respondent No. 4 issued the show cause notice bearing Rc.No.21/2001/TO to handover alternate C.A. land as the settlement of boundaries pursuant to W.A.No.923 of 2004 is still pending and that the Telangana Government is unable to comply with 10 W.P.No.23426 of 2025 the conditions in view of the pending disputes, as conveyed in their letters dt.06.12.2019 and 10.04.2025. But the copies of those letters have not been provided to the petitioner, along with the show cause notice. It was further stated in the show cause notice that condition No.7 pertaining to afforestation on degraded forest land is not being complied. The petitioner was directed to submit reply to the said lapses within 15 days time. Notice dated 01.05.2025 was received by the petitioner on 03.05.2025 through e-mail.
f. Without awaiting for the 15 days time period to lapse and the petitioner replying to the notice, the respondent No. 4 issued the impugned notice dt.13.05.2024 (sic 13.05.2025) to the petitioner to stop all mining activities, as the forest clearance had expired by 30.03.2025. The notice also does not make any reference to the petitioner's reply letter dated 13.02.2025. The petitioner submitted a reply dated 14.05.2025 informing the afforestation activities carried out by the petitioner and further stating that the petitioner is fully committed to maximising it. In relation to the C.A. land of Acs.300, in Nemalipuri Village which was already mutated in the name of D.F.O., Nalgonda and therefore, not to seek alternate C.A. land at this stage. The petitioner also brought to the notice of the respondent No. 4 about the amendment made to the M.M.D.R. Act and the consequential G.O.Ms. No.26 dt.15.02.2018 issued by the respondent No. 5 extending the mining lease of the petitioner up to 18.05.2032 and also circular dated 01.04.2015 issued by the Government of India, Ministry of Environment, Forests and Climate Change clarifying that forest clearance under the F.C. Act will be co-terminus with the mining lease under the M.M.D.R. Act. The petitioner clarified that its licence is deemed to be extended up to 18.05.2032 for forest clearance as well.
11 W.P.No.23426 of 2025g. Without considering the petitioner's submissions, the respondent No.4 issued the impugned notice dt.06.06.2025 reiterating its allegations in the show cause notice and therefore the renewal application was not processed. Again the petitioner submitted detailed representations dated 30.06.2025 and 08.07.2025, reiterating the same stand. The representatives of the petitioner also personally met the respondents Nos.2 to 4 to explain the deemed extension of the forest clearance and compliance with the conditions. It was suggested by the respondents to file an undertaking to follow their directions and conditions. Accordingly, on 24.07.2025, the petitioner submitted an undertaking stating that it will abide by the outcome of the decision of the High Court in W.P.No.27785 of 2014 in relation to the C.A. land, in W.P.No.16594 of 2008 and any further direction of the forest department for afforestation, though it was complied previously. Despite that, the respondents Nos.1 to 4 failed to consider the submissions of the petitioner. Hence, the writ petition was filed.
3. The learned senior counsel for the petitioner represented that the impugned order dated 13.05.2025, Government of Andhra Pradesh, Forest Department is illegal for non-consideration of all the G.Os., the memos, etc., cited in the writ petition, while passing proceedings dated 13.05.2025, and also for failing to supply the copies of the letters dated 06.12.2019 and 10.04.2025 of the Telangana Government. He further submitted that the reference cited to the impugned proceedings were all relating to G.Os. etc., prior to the amendment of the M.M.D.R. Act and even reference No.4 is not adequate to answer representation of the petitioner.
4. At this juncture, it is relevant to extract impugned order including references made there under as follows:
12 W.P.No.23426 of 2025"Sub: Diversion of 121.46 ha. Of forest land for renewal of limestone mining lease in favour of M/s Kakatiya Cement Sugar and Industries Limited in Krishna District of Andhra Pradesh- Forest clearance accorded by the Govt. Of India, MoEF, New Delhi for a period of 20 years expired by 30.03.2025- stop mining/ non forestry activities until further forest clearance- reg.
Ref:- 1. Gol, MoEF, New Delhi, Letter No.8-44/2002-FC, dated 31.03.2005.
2. G.O.Ms.No.36, Dt. 07.04.2005 of Govt. of A.P. EFS&T (For.I) Department.
3. Prl. Chief Conservator of Forests, AP, Hyderabad in Rc No.15941/2001-F2, dt.08-04-2005.
4. D.F.O., NTR Division, Vijayawada Rc.No.21/2001 /TO (ii) Dt. 22.11.2024.
The User agency is informed that the Govt. of India, MOEF conveyed its approval under section-2 of Forest (Conservation) Act, 1980 for diversion of 121.46. ha forest land for renewal of limestone mining lease in Jaggaiahpeta RF in favour of M/s Kakatiya Cement Sugar & Industries Ltd, for a period of 20 years subject to fulfillment of certain conditions vide reference 1 cited. Later the Government of A.P. has accorded permission vide reference 2nd cited and it was communicated by the Prl. Chief Conservator of Forests, AP, Hyderabad vide reference 3rd cited.
The above forest clearance has been expired by 30.03.2025. Thereby it is to hereby informed to stop all the mining activities or non-forestry activities in the 121.46 ha leased out area in Budawada Reserve Forest until further forest clearance is accorded by the Govt. of India. Otherwise action will be taken as 13 W.P.No.23426 of 2025 per the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 and Rules, 2023. The un-used Form-I permits granted by this office shall also be surrendered immediately."
5. It is also relevant to note proceedings vide RC.No.21/2001/TO dated 06.06.2025, "Sub: Diversion of 121.46 ha. Of forest land for limestone mining lease in favour of M/s Kakatiya Cement Sugar and Industries Limited in erstwhile Krishna District (present NTR District) of Andhra Pradesh- show cause notice issued - reply called for - regarding.
Ref:- 1.Gol, MoEF, New Delhi, Letter No.8-44/2002-FC, dated 31.03.2005.
2. G.O.Ms.No.36, Dt. 07.04.2005 of Govt. of A.P. EFS&T (For.1) Department.
3. Managing Director, Kakatiya Cement Sugar & Industries Limited, Hyderabad Ref: KCSIL/ADMN/2011, dated 3.02.2011.
4. Prl.CCF & HOFF (FAC), Aranya Bhavan, Telangana State, Hyderabad Ref. No. 18202/2005/FCA-5(ii), dated 06.12.2019.
5.The President, Kakatiya Cement Sugar & Industries Ltd., Srinivasanagar, Jaggaiahpeta, NTR District Letter dated 13.02.2025.
6.D.F.O., Suryapet, Rc.No. 1865/2017/S3, dt.10.04.2025.
7.D.F.O., NTR Division, Vijayawada Show cause Notice Rc.No.21/2001/TO, dated 01.05.2005.
8.The Mine Agent, Kakatiya Cement Sugar & Industries Ltd., Srinivasanagar, Jaggayyapeta, NTR District Lr No. KCISL/CEMENT/MINES/FCA/2025/01, Dt 14.05.2025.
14 W.P.No.23426 of 2025After examining the reply of the user agency vide reference 7th cited, user agency is hereby informed has follows with reference to the Renewal application submitted in the reference 5th cited.
As per the Condition No.3 of the Stage-Il permission, the User Agency has to hand over the equivalent Non-Forest in lieu of forest land diverted and such land shall be declared as Reserved Forest/Protected Forest under section-4/Section-29 of the Indian Forest Act, 1927 (or the corresponding sections of the Local Forest Act), as the case may be within a period of six months from the date of issue of the Stage-II Approval. In this connection, the User agency has stated that the M.R.O., Mellacheruvu, vide his proceedings No.B/4432/2004, dated 23.12.2004 has passed orders mutating Acres 300 (121.46 ha) in Sy.No.318 of Nemalipuri village in favour of the Forest Department, Govt. of Andhra Pradesh.
In this regard The District Forest Officer, Suryapet in the reference 6th cited has stated that the Non-forest C.A. land which is identified by the user agency is falling in Nemalipuri RF Block notified u/s 29 of HFA 1355F and published in Gazette No.795 in 1955. The Government vide Memo No.3820/For.l(1)/2002, dt. 14.12.2004 has issued instructions to the District Collector, Nalgonda to complete the settlement process of boundaries as per the directions of Hon'ble High Court of Andhra Pradesh orders dated 28.09.2004 in W.A.No.923 of 2004, however the settlement of boundaries is still pending. The D.F.O. further informed that the PrLCCF (HoFF), Telangana State, Hyderabad has addressed a letter to 15 W.P.No.23426 of 2025 the Prl.CCF (HoFF), AP, Guntur vide Ref. No. 18202/2005/FCA-5(ii), dated 06.12.2019 (copy enclosed) to provide alternate C.A. land to implement the conditions stipulated as the condition cannot be complied by Telangana in view of the disputes (or) take necessary action at your end. In view of the above the D.F.O., Suryapeta vide reference 6th cited has informed to obtain alternate C.A. land from the user agency and take necessary action in this matter as per rules. Therefore, Condition No.3 is not complied by the user agency as on the date of expiry of forest clearance (Stage-II permission).
As per condition No.7 of the Stage-II Approval, fencing, protection and regeneration of the safety zone area will be done at the project cost. Besides this, afforestation on degraded forest land, to be selected elsewhere, measuring about one and half times the area under safety zone, shall be done at the project cost. In this connection, the user agency has stated that they have afforested more than 1.5 times the stipulated area, specifically, over 5.2 ha including the 7.5 meter buffer zone all along the mining lease boundary primarily on the southern side and planted in 20.88 ha additional area in outside the Lease Area. In this connection, the Forest Range Officer, Vijayawada in his report dated 22.03.2025 has reported that the survival percentage is very poor in buffer zone area. The same is observed by the District Forest Officer, NTR District while his field inspection dated 30.04.2025. Therefore, Condition No.7 is not complied as on the date of expiry of forest clearance (Stage-II permission).
16 W.P.No.23426 of 2025In view of the above with reference to the Renewal application in the reference 5th cited and Reply to the show- cause notice in the reference 8th cited the user agency is hereby informed that unless the above said condition No.3 and 7 are complied, the Renewal Application could not be processed. After compliance of the said two conditions by the user agency, the Renewal of forest clearance will be processed further."
6. With regard to the impugned proceeding dated 06.06.2025, the learned senior counsel submitted that the proceeding relates to the matters subjudice before the High Court and further ignoring the undertaking given by the petitioner to abide by the outcome of the writ petitions, without considering the reply given by the petitioner, and that too, without providing the documents relied on, viz., the letters of the Government of Telangana dated 06.12.2019 and 10.04.2025.
7. The learned Government Pleader for Forests placed on record the written instructions vide Rc.No.23426/2025/TO dated 03.09.2025 from Sri.G.Satish, Dy.CF., District Forest Officer, NTR Division, Vijayawada, and submitted that the deemed extension provision is not applicable to the case of the petitioner because of non-payment of Net Present Value (N.P.V.) of Rs.850.22 lakhs for the forest land for which the validity of approval has been extended. He further submitted that the petitioner had submitted a representation dated 08.07.2025 and the same is under consideration.
8. In this regard, the learned senior counsel for the petitioner submitted that the petitioner had already given an undertaking to comply objection, subject to the outcome of the writ petition, which is pending in respect of the same issue.
17 W.P.No.23426 of 20259. In view of the fact that the impugned order dated 06.06.2025 was passed and letter dated 13.05.2025 also was issued, without considering submissions made by the petitioner regarding the period of mining lease extended and deemed extension of the forest clearance co-terminus with the mining lease, further, copies of the letters of the Telangana Government dt.06.12.2019 and 10.04.2025 had not been furnished to the petitioner before passing the impugned proceedings and thereby, no effective hearing was given to the petitioner to reply on them and those letters are the basis for the forest department to pass impugned order, this Court is of the opinion that the proceedings challenged in the writ petition require interference by giving liberty to the respondent No.4 to pass order(s) afresh after furnishing copies of the letters dated 06.12.2019 and 10.04.2025 and providing an opportunity of hearing to the petitioner by issuing a fresh show cause notice. While passing order(s) afresh, all the documents submitted and the provisions of law relied on by the petitioner shall be duly answered. Accordingly, the writ petition is allowed setting aside the proceedings bearing Rc.No.21/2001/TO dated 13.05.2025 and Rc.No.21/2001/TO dated 06.06.2025, giving liberty to the respondent No.4 to pass order(s) afresh as directed above. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
________________________ JUSTICE B.S.BHANUMATHI Date: 08.09.2025 CC by 12.09.2025 B/o RSD 18 W.P.No.23426 of 2025 126 HON'BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No: 23426 of 2025 Date: 08.09.2025 CC by 12.09.2025.
B/o RSD