IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38920/2018 (GM-FOR) BETWEEN:
M/S. PERFECT WOODS (A PROPRIETORSHIP CONCERN) REP. BY ITS PROPRIETOR SRI P.P.MOHAMMED MP Vll/374, M.H.NAGAR MOONNIYUR POST MALAPPURAM DISTRICT – 676 311 KERALA … PETITIONER (BY SRI K.N.PHANINDRA, SENIOR COUNSEL FOR SMT.VAISHALI HEGDE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY AND ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT M.S.BUILDING, 4TH FLOOR DR.AMBEDKAR VEEDHI BENGALURU – 560 001 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HEAD OF FOREST FORCE) “ARANYA BHAVAN”
18TH CROSS, MALLESWARAM BENGALURU – 560 003 3. THE DEPUTY CONSERVATOR OF FORESTS SAGAR DIVISION SAGAR – 577 401 4. THE DEPUTY CONSERVATOR OF FORESTS YELLAPUR DIVISION YELLAPUR – 581 359 5. THE DEPUTY CONSERVATOR OF FORESTS KOPPA DIVISION KOPPA – 577 126 6. THE DEPUTY CONSERVATOR OF FORESTS BELGAUM DIVISION BELGAUM – 590 001 7. THE DEPUTY CONSERVATOR OF FORESTS SHIMOGA DIVISION SHIMOGA – 577 201 8. THE DEPUTY CONSERVATOR OF FORESTS HONAVAR DIVISION HONAVAR – 581 334 9. THE DEPUTY CONSERVATOR OF FORESTS SIRSI DIVISION SIRSI – 581 401 10. THE DEPUTY CONSERVATOR OF FORESTS KUNDAPUR DIVISION KUNDAPUR – 576 201 … RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE STATE GOVERNMENT AND ITS AUTHORITIES CANNOT LEVY, DEMAND AND COLLECT ‘FOREST DEVELOPMENT FEE’ AT THE RATE OF 12% OF THE SALE CONSIDERATION AMOUNT UNDER SEC.98-A(1) OF THE KARNATAKA FOREST ACT, 1963 IN RESPECT OF THE TIMBER & OTHER FOREST PRODUCE AUCTIONED/SOLD BY THE FOREST DEPARTMENT IN DIFFERENT GOVERNMENT DEPOTS IN KARNATAKA IN VIEW OF THE JUDGMENT RENDERED BY THE DIVISION BENCH OF THIS HON’BLE COURT ON 04.10.2017 IN THE CASE OF SRI B.RUDRAGOUDA & OTHERS –VS- STATE OF KARNATAKA & OTHERS, REPORTED IN AIR 2018 KAR 19 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri K.N.Phanindra, learned Senior Counsel for Smt. Vaishali Hegde, learned counsel for the petitioner.
Sri Vijay Kumar A.Patil, learned Additional Government Advocate for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. Sri K.N.Phanindra, learned Senior Counsel for the petitioner submits that the impugned invoices have been issued after the decision of the Division Bench of this court wherein it was held that the State Government has no authority to levy forest development fee.
3. The aforesaid aspect of the matter is not fairly disputed by the learned Additional Government Advocate.
4. In view of the aforesaid submission and taking into account the fact that the impugned invoices have been issued after the decision of the Division Bench of this Court, the impugned invoices are hereby quashed. Accordingly, the petition is disposed of.
5. It is needless to state that in case the demand has been made subsequent to the decision of the Division Bench of this Court dated 04.10.2017, the petitioner shall be entitled for refund of the amount.
Sd/- JUDGE hkh.