5. Learned counsel for the petitioner states that in respect of an extent of Ac.44.95 cents of the land, a settlement patta was issued on 04.05.1964 in favour of the petitioner’s father and after the death of his father, the petitioner and his brothers inherited the said property and their names were also entered in the Revenue records. When the names of the petitioner and his brothers, were deleted from the revenue records, they filed WP No.10190 of 2009 and the same was allowed on 07.06.2010. However, the suit OS No.1316 of 2003 on the file of the Junior Civil Judge, Tirupati, seeking permanent injunction against the District Collector, Chittoor, Mandal Revenue Officer, Renigunta and the Divisional Forest Officer, Wild Life Management, Tirupati and the same is pending. Now from the counter-affidavit filed by the respondents, it is clear that a suit in OS No.167 of 2008 filed by the District Collector, Chittoor, is pending on the file of the Court of the IV Additional District Judge, Tirupati. However, this suit related to the declaration of title and injunction in respect of the property claimed by the petitioner. As per the counter-affidavit of the 3rd respondent, the lease is subsisting. As long as the lease is subsisting, the petitioner is entitled to continue his mining operations and those operations cannot be stopped unless the lease is cancelled in accordance with law. The 3rd respondent cannot act on the basis of the communication received by him from the 1st respondent. It appears that the 3rd respondent already addressed a letter to the Director of Mines & Geology, Hyderabad on 21.08.2012 on the representation of the petitioner and the cancellation of the lease is pending with the Government.
