IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.33230/2019 (GM-FOR) BETWEEN:
SRI MANJUNATH H.P. S/O LATE PANCHANNA AGED ABOUT 35 YEARS OCC: AGRICULTURIST R/AT HAGALAVADI VILLAGE & POST GUBBI TALUK TUMKUR DISTRICT – 572 222 … PETITIONER (BY SRI SURESH D. DESHPANDE, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF FORESTS VIKASASOUDHA DR. AMBEDKAR VEEDHI BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY 2. THE AUTHORISED OFFICER AND ASSISTANT CONSERVATOR OF FORESTS TIPTUR SUB-DIVISION, TIPTUR TUMKUR DISTRICT – 572 222 3. THE RANGE FOREST OFFICER BUKKAPATNA RANGE BUKKAPATNA, SIRA TALUK TUMKUR DISTRICT -572 222 … RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.07.2019 (ANNEXURE–K) PASSED BY RESPONDENT NO.2.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri Suresh D.Deshpande, learned Counsel for the petitioner.
Sri Vijaykumar A.Patil, learned Additional Government Advocate for the respondents.
2. The petition is admitted for hearing. With the consent of learned Counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks for a writ in the nature of certiorari to quash the order dated 20.07.2019 (Annexure-K) passed by respondent No.2 under Section 64A of the Karnataka Forest Act, 1963 (‘the Act’).
4. When the matter was taken up today, learned Counsel for the petitioner submits that the writ petition may be disposed of with liberty to the petitioner to file an appeal under Section 64(3) of the Act before the Chief Conservator of Forests as the petitioner has alternative and efficacious remedy available under the said Act.
5. In view of the aforesaid submission, the writ petition is disposed of with liberty to the petitioner to file an appeal before the Chief Conservator of Forests under Section 64(3) of the Act. It is needless to state that in case, along with the appeal if the petitioner files an application for stay, the application for stay shall be decided after hearing the parties within one week from the date of filing of such an application by the Appellate Authority.
With the aforesaid direction, the writ petition is disposed of.
Sd/- JUDGE KSR