IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF MAY 2019 BEFORE THE HON'BLE Mr. JUSTICE B.VEERAPPA WRIT PETITION NO.10683/2019 (GM-FOR) BETWEEN Mg. JOG MAYA TIMBERS SITE NO.1, KHATHA NO.573, BATTARAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, NOW WITH B.B.M.P., BENGALURU-560049.
PROP: VALJI.S.PATEL. ... PETITIONER (By Sri.D RAJAGOPAL, ADVOCATE) AND 1. THE ADDL. CHIEF SECRETARY TO THE GOVERNMENT OF KARNATAKA, FOREST, ENVIRONMENT & ECOLOGY DEPARTMENT, GOVT. OF KARNATAKA, SECRETARIAT, M.S.BUILDING, Dr.B.R.AMBEDKAR ROAD, BENGALURU -560001.
2. THE DEPUTY CONSERVATOR OF FORESTS BENGALURU URBAN DIVISION, ARANYA BHAVAN CAMPUS, 18TH CROSS, MALLESHWARAM, BENGALURU -560003.
3. SRI.DAYALAL VALJI PATEL, S/O.VALJIBHAI S.PATEL, AGED ABOUT 55 YEARS, PROP: JOG MAYA TIMBERS, 4. ESHWAR PATEL, S/O.SRI.DAYALAL VALJI PATEL, AGED ABOUT 31 YEARS, BOTH ARE R/AT PLOT NO.1, JOG MAYA TIMBERS, KHATA NO.573, (SY.NO.39/3), BHATTARAHALLI, OLD MADRAS ROAD, OPP: INDIAN OIL PETROL BUNK, BIDARAHALLI HOBLI, VIRGONAGAR POST, BENGALURU EAST-560 049.
... RESPONDENTS (By Sri.VIJAYKUMAR A. PATIL, ADDL. GOVT. ADV.for R1 & R2, Sri.MANJUNATHA PATTANASHETTY, ADVOCATE FOR R-3 & 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER DATED 20.11.2018 PASSED BY THE R-2 AS PER ANNEXURE-A & GRANT AN INTERIM ORDER TO STAY THE OPERATION AND FURTHER PROCEEDINGS OF THE IMPUGNED ORDER DATED 20.11.2018 AS PER ANNEXURE-A PASSED BY THE DEPUTY CONSERVATOR OF FORESTS.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner filed the present writ petition for a writ of certiorari to quash the impugned order dated 20.11.2018 passed by Respondent No.2 suspending the saw-mill licence of the petitioner as per Annexure-A mainly on the ground that before passing the impugned order, Respondent No.2 has neither issued any notice nor given an opportunity of being heard.
2. It is the case of the petitioner that he was holder of licence No.331/98-99 dated 29.06.1988 authorising to establish to run a Sawmill by name Mg. Jog Maya Timbers and functioning at old Madras road, Bengaluru-560 049 and was renewing every year. The petitioner to prove his ownership over the Sawmill, has produced Family Partition Deed, whereby schedule ‘A’ was allotted to the petitioner in the family partition and after calling reports from the officers of the Forest Department and renewed the licence for the years 2016-2017 upto 2020-2021. Things stood thus. Respondent No.2, by the official memorandum vide No.A4(A).Sawmill.Ma.Ha.Cr-11/2017-18 dated 20.11.2018, without notice and hearing, has temporarily suspended the licence of the petitioner. Hence, present writ petition is filed.
3. I have heard the learned counsels for the parties to the lis.
4. Sri.D.Rajagopal, learned counsel for the petitioner contended that the very impugned order passed by the Respondent No.2 is in utter violation of the provisions of Rule 163(8) of the Karnataka Forest Rules, 1969, which clearly depicts that the officer issuing licence may at any time, for reasons to be recorded in writing, cancel or suspend the licence. The 2nd respondent has temporarily suspended the licence without giving opportunity or making representation in the matter. Therefore, he sought to allow the writ petition.
5. Per contra, Sri.Vijaykumar.A Patil, learned Government Advocate for Respondents 1 and 2 and Sri.Manjunath Pattanashetty, learned counsel for Respondent No.3 sought to justify the impugned order and contended that since the petitioner has violated the conditions of licence, Respondent No.2 has passed the impugned order.
6. Having heard the learned counsels for the parties, it is an undisputed fact that the petitioner is running a Sawmill with licence issued by Respondent No.2 and has been renewed from time to time and licence is issued for the years 2016-17 to 2020-21. If the petitioner contravenes any of the conditions of licence, Respondent No.2 ought to have given an opportunity to the petitioner for making representation in the matter before passing impugned order of suspension.
7. A careful perusal of the impugned order passed by Respondent No.2 depicts that as per Section 163(8) Karnataka Forest Rules, 1969, the officer issuing licence may at any time, for reasons to be recorded in writing, cancel or suspend the licence. The 2nd respondent has temporarily suspended the licence without giving any opportunity for making representation in the matter. Therefore, the impugned order cannot be sustained.
8. For the reasons stated above, the Writ Petition is allowed and the impugned order dated 20.11.2018 passed by Respondent No.2 vide No.A4(A).Sawmill.Ma.Ha.CR-11/2017-
18 as per Annexure-A, is hereby quashed. Matter is remanded to the Respondent No.2 to proceed afresh after giving an opportunity to the petitioner for making representation and pass orders strictly in accordance with law.
9. The Petitioner is directed to appear before the 2nd Respondent on 17.06.2019. 2nd Respondent shall proceed and pass appropriate orders after hearing the petitioner and other parties concerned, if any, in accordance with law.
Sd/- JUDGE bnv*