IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.15948 OF 2019 (GM-FOR) BETWEEN:
SARASWATHI INDUSTRIES REPRESENTED BY ITS PROPRIETOR V. PALANISWAMY AGED ABOUT 72 YEARS S/O. VELAYUDAR NADAR R/AT J.H. KERE POST BELUR ROAD MANACHANAHALLI GRAMA HERITAGE CLUB ROAD HASSAN-573 201. ... PETITIONER (BY SMT. CHANDINI S., ADV. FOR SRI CHOWDA REDDY C., ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FOREST M.S. BUILDING BANGALORE-560 001.
2. THE DEPUTY CONSERVATOR OF FORESTS HASSAN DIVISION HASSAN-573 201.
3. CHIEF CONSERVATOR OF FORESTS HASSAN CIRCLE HASSAN-573 201.
4. RANGE FORESTER HASSAN RANGE HASSAN-573 201. … RESPONDENTS (BY SRI V. SHIVAREDDY, H.C.G.P.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION DATED 11.07.2016 SUBMITTED BY THE PETITIONER VIDE ANNEXURE- B SIMILAR TO THE ONE PASSED IN RESPECT OF PETITIONERS IN W.P. NO.36374-36382/2016.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is running Plywood, Veneer and Peeling Industry in Hassan. He has filed this writ petition for a mandamus directing the respondents to consider the application dated 11.07.2016 submitted by the petitioner contained in Annexure-B to the petition.
2. Sri V. Shivareddy, learned High Court Government Pleader appearing for the respondents brings to the notice of the Court the amendment made to the Karnataka Forest Rules, 1969, inserting Rule 2 (6-C) by Notification No.FEE 65 FDP 2012 dated 20.5.2013 w.e.f. 20.5.2013, which is as under:
“(6-C). ‘Sawmill and any other sawing contrivances’ means a machine that is involved in shaping or sawing of round timber and/or re-sawing of sawn timber using mechanical devices and/or for manufacturing of wood products which includes sawmill, Joinery Mill, Veneer Mill/Industry, Chipping Unit and includes other wood based industry like Plywood Mill/Industry, Particle Board Mill/Industry, Medium-Density Fibre board Mill/Industry, and block board mill/industry using machinery for conversion and/or shaping of timber having horizontal band saw, vertical band saw, circular saw, peeling machine, slicing machine, chipping machine or any other machine for sawing, re-sawing and/or shaping round timber and/or sawn timber, but does not include Secondary Wood Based Industry”.
3. In view of the amendment, Smt. Chandini S., learned Counsel appearing for the petitioner submits that the petitioner has already filed an application dated 11.07.2016 before the competent authority for grant for licence, as no time limit has been fixed in the amended rules.
4. The submission of the learned counsel for the petitioner is reasonable. Hence, the authority concerned is directed to consider the application of the petitioner dated 11.07.2016 in accordance with law within a period of three months from the date of receipt of certified copy of the order passed today. Till consideration of the petitioner’s application as above, the respondents are directed not to precipitate the matter including the closure of the industries run by the petitioner.
Writ petition is accordingly disposed of. No costs.
Sd/- JUDGE ST