IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5594 OF 2019 (GM-FOR) BETWEEN:
SRI. N. SANDESH S/O S. NAGARAJU AGED ABOUT 65 YEARS MANAGING DIRECTOR OF M/S. SANDESH RESORTS & SPA PVT. LTD., CORPORATE OFFICE NO.3 NAZARBAD MAIN ROAD MYSORE-570 010.
(By Smt. LEELA P. DEVADIGA, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY IT’S PRINCIPAL SECRETARY … PETITIONER FOREST ENVIRONMENT AND ECOLOGY DEPARTMENT KARNATAKA GOVERNMENT SECRETARIAT ROOM NO. 442, 4TH FLOOR M.S. BUILDING, BANGALORE-560 001.
2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS WILDLIFE CHOWDAIAH ROAD-NH 4 KODANDARAMPURA MALLESHWARAM BANGALORE-560 003.
3. THE CONSERVATOR OF FORESTS & DIRECTOR RAJIV GANDHI NATIONAL PARK ARANYA BHAVANA, HUNSUR TALUK MYSORE DISTRICT-571012.
… RESPONDENTS (By Mr. VIJAY KUMAR A. PATIL, LEARNED AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ISSUE THE NOC IN FAVOUR OF THE PETITIONER FOR ESTABLISHMENT OF RESORT IN THE SCHEDULE PROPERTY. DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION OF THE PETITIONER HEREIN A COPY OF WHICH IS PRODUCED AT ANNEXURE-H AND PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW ISSUING IN NOC IN FAVOUR OF THE PETITIONER HEREIN & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Leela P. Devadiga, learned counsel for the petitioner.
Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for respondents.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
i) Issue appropriate writ or order or direction in the nature of mandamus directing the respondents to issue the NOC in favour of the petitioner for establishment of resort in the Schedule property.
ii) Issue appropriate writ or direction in the nature of mandamus directing the respondents to consider the application of the petitioner herein a copy of which is produced at Annexure-H and pass appropriate order in accordance with law issuing NOC in favour of the petitioner herein.
iii) Issue such other writ or order or direction that this Hon’ble Court may deem fit under the facts and circumstances of the case including the cost of this writ petition to secure the ends of justice.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the competent authority to consider the application submitted by the petitioner for issuance of NOC for establishment of resort in the schedule property in accordance with law. On the other hand, learned Additional Government Advocate for respondents submitted that suitable action shall be taken in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to decide the application submitted by the petitioner contained in Annexure-H by a speaking order within a period of there weeks from the date of receipt of the certified copy of the order passed today by a speaking order. It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS