IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE BUDIHAL R.B.
WRIT PETITION NO.26558 OF 2016 (GM-MM-S) & WRIT PETITION NOs.26896-26903 OF 2016 BETWEEN M/S DODDANNAVAR BROTHERS (REGD PARTNERSHIP FIRM) DODDANNAVAR COMPOUND, NEAR FORT, BELGAUM-590016 REP. BY ITS GENERAL MANAGER SRI RACHANPPA M SARADAGI.
(BY SRI PHANINDRA K N., ADVOCATE) AND 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FORESTS, ECOLOGY & ENVIRONMENT 4TH FLOOR, M S BUILDING, DR AMBEDKAR ROAD, BANGALORE – 560 001.
... PETITIONER 2. THE DIRECTOR OF MINES & GEOLOGY DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, 5TH FLOOR, RACE COURSE ROAD, BANGALORE - 560 001.
3. THE DEPUTY CONSERVATOR OF FORESTS KARWAR DIVISION, KARWAR, UTTARA KANNADA DISTRICT – 581 339.
4. CENTRAL BUREAU OF INVESTIGATION ANTI CORRUPTION BRANCH NO.36, BELLARY ROAD, GANGANAGAR BANGALORE – 560 032.
... RESPONDENTS (BY SRI V.G. BHANUPRAKASH, AGA FOR R1 TO R3 & SRI P. PRASANNA KUMAR, ADVOCATE FOR R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DT.8.5.2015 PASSED BY THE COURT OF XXXII ADDL. CITY CIVIL & SESIONS JUDGE & SPECIAL JUDGE FOR CBI CASES IN BANGALORE (CCH 34) IN SPL. CC.NOS.268/2013, 11, 14,15, 36, 37, 38 53 & 54 OF 2014 VIDE ANNX-A AND ALL FURTHER CONSEQUENTIAL PROCEEDINGS THERETO, ONLY IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Mr.P.Prasanna Kumar, learned advocate for the respondent no.4-Central Bureau of Investigation, informs that the Bureau, after completion of the investigation, submitted closure report, and there is no case pending against the writ petitioner.
2. Therefore, the materials seized from the petitioner and stocked at Shree Mallikarjun Shipping Private Limited by the Forest Department containing 24,441 metric tonnes and 13906 metric tonnes respectively, be returned to the petitioner by four weeks.
3. The respondents shall, also, issue transport permit without insisting on royalty, inasmuch as royalty has, already, been paid in respect of those materials.
4. The writ petitions stand disposed of.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*