M/ S.Manikanta Stone Crusher, v. The State Of Telangana, Its Rep.By Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.9973 of 2015 BETWEEN M/s. Manikanta Stone Crusher.

... PETITIONER AND The State of Telangana, Rep. by its Principal Secretary to Forest Department, Secretariat, Hyderabad and others.

...RESPONDENTS Counsel for the Petitioner: MR. CHIKKUDU PRABHAKAR Counsel for the Respondents: GP FOR FORESTS (TG) GP FOR MINES & GEOLOGY (TG) The Court made the following:

ORDER:

Petitioner questions the show cause notice issued by the fifth respondent dated 31.03.2015 wherein it is stated that the quarry operations of the petitioner are found to be in reserve forest Compartment No.1209 at Mahabubabad and directed the petitioner to stop all quarry operations and submit the permission copies of the authorities along with explanation within seven days.

2. Petitioner asserts that he has got valid patta for the said lands and has filed certain documents in support of his claim that the land, in question, is a private patta land and is not part of the reserve forest.

3. However, that matter is required to be examined by the fifth respondent, who has given the notice to the petitioner to submit explanation. Hence, the present writ petition directed against the said show cause notice does not deserve to be entertained. Petitioner is, therefore, permitted to submit explanation, if not already submitted, on or before 18.04.2015 and the fifth respondent shall, thereafter, examine the same and consider the matter and pass appropriate orders in accordance with law. The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J April 9, 2015 DSK