IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.48698-48700/2016 (GM-FOR) BETWEEN M/S. SPECTRA CONSTRUCTIONS PRIVATE LIMITED REGISTERED OFFICE AT NO.5, I FLOOR, 9TH CROSS, I STAGE, INDIRANAGAR, BANGALORE-560 038, REPRESENTED BY ITS MANAGING DIRECTOR, MR. C. CHANDRASHEKAR. ... PETITIONER (BY SRI M.S.RAJENDRA, ADV. FOR M/S. HOLLA AND HOLLA ASSOCIATES.) AND 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIKASA SOUDHA, BANGALORE-560 001.
2. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF FORESTS, VIKASA SOUDHA, BANGALORE-560 001.
3. ASSISTANT CONSERVATOR OF FORESTS, CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA-561 207. ... RESPONDENTS (BY SRI VIJAY KUMAR A.PATIL, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 20.08.2016 ISSUED BY ASST. CONSERVATOR OF FOREST, THE R-3 ANNEX-W ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri M.S.Rajendra for M/s.Holla and Holla Associates, learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondents.
2. The writ petitions are admitted for hearing. With the consent of the parties, the matters are heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks quashment of the Notice dated 20.08.2016 issued by respondent No.3.
4. When the matters were taken up for consideration today, learned counsel for the petitioner submits that in response to the aforesaid Notice, he would file reply.
5. On the other hand, learned Additional Government Advocate submits that if reply is filed by the petitioner, the same shall be considered and suitable order shall be passed under Section 64(A) of the Karnataka Forest Act, 1963 (hereinafter referred to as ‘the Act’ for short).
6. In view of the aforesaid submission and in the facts of the case, I deem it appropriate to dispose of the writ petitions with a direction to respondent No.3 to consider the reply to be filed by the petitioner and to conduct an enquiry as envisaged under Section 64(A) of the Act and decide the matter by a speaking order in accordance with law preferably within a period of three months from the date of receipt of certified copy of the order passed today. Till the matter is concluded by respondent No.3, ad-interim order, if any, granted by the Bench of this Court shall continue. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE VM CT-HR