IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.43378 OF 2018 (GM-FOR) BETWEEN:
S.A.A.Woods Maruru Village, Arehalli Hobli Belur Taluk, Hassan District Represented by its Proprietor Sri.Salim S/o Umar Kunni Aged about 41 years Occ: Business R/at Market, Aldur Post Chikkamagalur Taluk & District – 577 101.
... PETITIONER (By Sri.Praneeth G.N., for Sri.Vighneshwar S.Shastri, Advocates) AND:
1. State of Karnataka By its Principal Secretary to Forest Department M.S.Building Bengaluru – 560 001.
2. Chief Conservator of Forests Aranya Bhavan, 18th Cross Malleshwaram Bangalore – 560 003.
3. Deputy Conservator of Forests and Hassan Division, Aranya Bhavan Dairy Circle, B.M.Road Hassan – 573 201.
4. Assistant Conservator of Forests and Deputy Conservator Forest Technical Advisor, Hassan Division Aranya Bhavan Dairy Circle, B.M.Road Hassan – 573 201.
5. Range Forest Officer Hassan Division Hassan – 573 204.
(By Sri.Vijay Kumar A.Patil, AGA) ... RESPONDENTS This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 16/17.5.2018 in No.Hassan.Asamdala.Amoo 22/08-09 passed by respondent No.3 as per Annexure-F and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Praneeth G.N, learned counsel for the petitioner.
Sri. Vijay Kumar A.Patil, learned Additional Government Advocate for respondents.
2. The petition is admitted for hearing. With the consent of learned counsel for the petitioner and learned Additional Government Advocate for the respondents, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
“1. Issue a writ of certiorari or any other writ, order or direction quashing the order dated 16/17.05.2018 in No.Hassan.Asamdala.Amoo 22/08-09 passed by respondent No.3 as per Annexure-F;
2. Issue a writ of mandamus directing the respondents to give permission in favour of the petitioner for running the saw mill situated in the land situated in Sy.No.25/5 of Maruru Village, Arehalli Hobli, Belur Taluk, Hassan District by possessing machines namely vertical-1, horizontal-1 and peeling-1 respectively.”
4. When the matter was taken up today, learned counsel for the petitioner submitted that he may be permitted to withdraw the challenge to the order dated 16/17.05.2018. It is further submitted that the Writ Petition be disposed of with a direction to respondent No.3 to consider and decide the application submitted by the petitioner contained in Annexure-G with regard to permission to install additional machines in the existing saw mill by a speaking order within a stipulated time limit.
5. On the other hand, Mr.Vijay Kumar A.Patil, learned Additional Government Advocate submits that suitable action in accordance with law shall be taken on the application submitted by the petitioner within a period of four months from today.
6. In view of the aforesaid submission made and the facts of the case, Writ Petition is disposed of with a direction to respondent No.3 to consider and decide the application submitted by the petitioner contained in Annexure-G by a speaking order within a period of four months from the date of receipt of certified copy of this order passed today.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, petition is disposed of.
Sd/- JUDGE Prs*