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M/S Savera Packaging vs The State Of Karnataka And Others

High Court Of Karnataka|15 April, 2019
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JUDGMENT / ORDER

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.14733 OF 2019 (GM-FOR) BETWEEN:
M/s.SAVERA PACKAGING, REPRESENTED BY ITS PROPRIETOR SRI FAZIL HUSSAIN, S/O LATE ABDULLA JANI AGED ABOUT 58 YEARS, NO.43/A, BANNIMANTAP INDUSTRIAL A LAYOUT, MYSURU – 570 015. ...PETITIONER (By Smt.CHANDINI, ADVOCATE FOR Sri CHOWDA REDDY.C., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FOREST M.S.BUILDING, BENGALURU – 560 001.
2. THE DEPUTY CONSERVATOR OF FORESTS MYSURU DIVISION, WOOD YARD, ASHOKPURAM, JAYANAGAR, MYSURU – 570 008.
3. CHIEF CONSERVATOR OF FOREST MYSURU CIRCLE, WOOD YARD, ASHOKPURAM, JAYANAGAR, MYSURU – 570 008. ... RESPONDENTS (By Sri VIJAYKUMAR.A.PATIL, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO CONSIDER AND PASS ORDER REGARDING THE APPLICATION FOR PERMISSION TO USE HORIZONTAL BAND SAW HAVING RECEIVED THE REQUISITE FEE VIDE ANNEXURE – A, ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt.Chandini, learned Counsel for Sri.Chowda Reddy, 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 the learned counsel for the parties, the petition is taken up for final disposal.
3. In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has sought a direction or order including writ of mandamus directing respondent No.2 to consider and pass orders regarding the application for permission to use Horizontal Band Saw having received the Requisite Fee vide Annexure – ‘A’.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner be granted liberty to approach the appropriate competent authority to address his grievance and the competent authority be directed to decide his application by a speaking order in accordance with law.
5. On the other hand, Sri.Vijaykumar.A.Patil, learned Additional Government Advocate submits that incase, such an application is filed by the petitioner, the same shall be dealt with in accordance with law.
6. In view of the aforesaid submission and in facts of the case, this writ petition is disposed of with a direction that incase the petitioner files a fresh application before the competent authority, the same shall be dealt with in accordance with law by a speaking order within four weeks from today.
It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE DH
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Title

M/S Savera Packaging vs The State Of Karnataka And Others

Court

High Court Of Karnataka

JudgmentDate
15 April, 2019
Judges
  • Alok Aradhe
Advocates
  • Sri Vijay Kumar