The High Court closed a writ petition challenging forest department proceedings regarding a peeling machine at a saw mill. The Government Pleader submitted that verification showed the machine did not exist or operate on the premises, rendering the cause actionless.
The writ petition was closed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI^:#^*^?^ (Special Original Jurisdiction)
I TUESDAY. THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON’BLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 4963 OF 2013
Between:
M/s. Sri Sunitha Devi Saw Mill., Rep. by its Owner Smt. S.Sunitha Devi, W/o. Karthik Chandra, Aged about 29 years, R/o. Galaigudem (V), Denduluru Mandal, West Godavari District.
...PETITIONER
AND
...RESPONDENTS
Petitipn 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 a writ petition order or direction more particularly one in the nature of writ of mandamus declaring the Proceedings Rc. No. 587/2010-A2 dated 30-11-2012 of the 4*^ respondent herein is arbitrary, illegal, improper violative of Art 14 of the Constitution of India and principles of natural justice and set aside the same consequently direct the respondents herein not to interfere with the business activity of the petitioner saw mill for peeling machine.
!.A. NO: 2 OF 2013tWPMP. NO: 6192 OF 2013t
Petition under Section 151 CPC r-, • praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere with the business activity of the petitioner saw mill for peeling machine by suspending the operation of the
proceedings Rc. No. 587/2010-A2 dated 30-11-2012 of the 4th respondent herein pending disposal of the above writ petition.
I-A. NO: 1 OF 2013fWVMP. NO: 874 OF 20131
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to vacate the interim orders dt. 19.02.2013, passed in WP MP No 6192 of 2013 in WP.No.4963 of 2013.
Counsel for the Petitioner:SRI. VV N NARASIMHAM
Counsel for the Respondents No.1 to 5: GP FOR FORESTS
The Court made the following; ORDER
1
HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.4963 of 2013
ORDER;
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief
“...to issue a writ, order or direction more particularlyoneinthe nature of writ of Mandamus declaring the Proceedings Rc.No.587/2010-A2 dated 30-11-2012 of the 4'^ respondent herein is arbitrary, illegal, improper, violative ofArticle14of the Constitution of India and principles of natural justiceandset- aside the same consecpiently direct the respondentshereinnot to interfere with the business activity of the petitionersawmill for peeling machine and pass...”
\ \
for hearing, learned 2. Today when the matter came up Government Pleader has produced a copy of instructions received from the District Forest Officer, Eluru, vide Rc.No.501/2012 dated 01.12.2023, wherein it is stated that after due verification and inspection on 01.12.2023, it was found that neither the existence nor the operationofthepeeling of the sawmill and as such machine are in the premises requested this Court to close the writ petition asthecausein the writ petition does not survive for further adjudication.
is 3. Considering the said submission, the Writ Petition closed. There shall be no order as to costs.
2
There shall be no order as to costs. Miscellaneous
petitions, if any, pending in this case, shall standclosed.
SD/- A. VIJAYA BABU
/
//TRUE COPY//
ASSISTANT REGISTRAR
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SECTION OFFICER
To,
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HIGH COURT
DATED:12/12/2023
ORDER
WP.No.4963 of 2013
S n 3 APR 202^ "mCo
^ Current Section
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CLOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether to allow the writ petition challenging the non-application of the peeling machine to interfere with the petitioner's business activities.
M/s. Sri Sunitha Devi Saw Mill.
The Government of Andhra Pradesh
The Principal Chief Conservator of Forests
The Conservator of Forests, Rajahmundry Circle
The Divisional Forest Officer, Eluru Division
The Forest Range Officer, Eluru Range
V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
