IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.53064/2017 (GM-FOR) BETWEEN:
PRASHANTH V V SON OF LATE VENKATESH R/OF KANTHOOR VILLAGE, MURNAD POST, VIRAJPET TLAUK, KODAGU DISTRICT 571 252 HAVING SAW MILL AT PANJARPETE, VIRAJPET VIRAJPET TALUK, KODAGU DISTRICT.
(BY SRI HARISH GANAPATHY, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF FOREST M.S. BUILDING, 4TH FLOOR, BANGALORE 560 001.
2. DEPUTY CONSERVATOR OF FOREST VIRAJPET DIVISION, VIRAJPET, KODAGU DISTRICT 571 218 3. RANGE FOREST OFFICER PONNAMPET DIVISION PONNAMPET RANGE, VIRAJPET TALUK KODAGU DISTRICT.
(BY SRI SHIVAPRABHU S PATIL, AGA.) ... PETITIONER ... RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ORDER PASSED BY R-2 AT ANNEX-E AND DIRECT R-2 AND 3 TO BREAK OPEN THE LOCK AND HANDOVER THE PETITIONER'S ' SOUTHERN SAW MILL ' ALONG WITH ITS MACHINERIES AND ITS LICENSE TO RUN THE SAME.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Government Advocate who has taken notice on the last date of hearing would raise the preliminary contention that the instant writ petition would not be maintainable before this Court inasmuch as an appeal is provided under Rule 163(10) of the Karntaka Forest Rules, 1969 against the order impugned herein.
2. Having perused the Rule and having noted that an appeal remedy is available to the petitioner, I am of the view that the petitioner is to be relegated to the remedy of appeal. On the petitioner filing the appeal, the Appellate Authority shall consider and dispose of the appeal as expeditiously as possible or in the alternative if the Appellate Authority has any constraint to dispose of the main appeal and if in that view, if any interim directions are sought, the order relating to the same may also be considered and passed in an expeditious manner.
Registry to return the papers, if any sought by the learned counsel for the petitioner.
The petition is accordingly disposed of.
Sd/- JUDGE akc/bms