IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.50190/2019 (GM-FOR) BETWEEN:
Malayali Mani, S/o. Madava, Aged about 62 years, Presently residing at K. Badaga Village, Kutta, Virajpet Taluk, Kodagu District -571201. ...Petitioner (By Sri. Mahadeva R.K., Advocate) AND:
The State of Karnataka, Rep. by the Range Forest Officer, Pnnampet Range, Ponnampet, Virajpet Taluk, Kodagu District -571201.
Rep. by State Public Prosecutor, High Court Building, Bengaluru -560 001 … Respondent (By Sri. Vijay Kumar A Patil, AGA) This Writ Petition is filed under Articles 226 & 227 of Constitution of India praying to allow the petition and direct the respondent authority to comply the order passed by the Hon’ble Civil Judge and JMFC at Ponnampet in FOC No.09/2017-18 dated 13.12.2018 and release the Eicher Tipper vehicle bearing No. KA-12-A-3926 in favour of the petitioner within 7 days from the date of order of this Hon’ble Court vide Annexure-A.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R The petitioner has filed the present writ petition of Certiorari to (a) allow the petition and direct the respondent authority to comply the order passed by the Hon’ble Civil Judge and JMFC at Ponnampet in FOC No.09/2017-18 dated 13.12.2018 and release the Eicher Tipper vehicle bearing No. KA-12-A-3926 in favour of the petitioner within 7 days from the date of order of this Hon’ble Court vide Annexure-A. (b) Pass such other order/s as this Hon’ble Court deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity.
2. In pursuance of the order passed by this Court directing the learned Government Advocate to get the instructions, today Sri. Vijayakumar A. Patil, learned Addl. Government Advocate filed a memo on behalf of the respondent, duly signed by the concerned Range Forest Officer dated 08.11.2019. The same is placed on record.
3. It is specifically stated in paragraph -5 of the Memo that the Deputy Conservator of Forests is the Authorised Officer under Section 71A of Karnataka Forest Act, 1963, who is conducting proceedings. During pendency of the said proceedings the learned Magistrate has passed an order dated 13.12.2018 for release of vehicle as per Annexure –R1.
4. In view of the above the writ petition is disposed off with the direction to the Authorised Officer to take appropriate decision keeping in mind the order passed by the learned Magistrate dated 13.12.2018 expeditiously within a period of two weeks.
Accordingly, writ petition is disposed off.
Sd/- JUDGE BVK