IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.58801 OF 2013 (GM-FOR) BETWEEN:
SRI. P.A. GURUMURTHY AGED 45 YEARS S/O SRI AITHARLINGANNA R/O PATTANAYAKANAHALLI GOWDAGERE HOBLI SIRA TALUK TUMKUR DISTRICT-572101.
(By Mr. G.S. VENKATA SUBBA RAO, ADV.,) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF FORESTS VIDHANA SOUDHA BANGALORE 560001.
2. THE DEPUTY CONSERVATOR OF FORESTS TUMKUR DIVISION TUMKUR-572101.
3. THE RANGE FOREST OFFICER RANGE FOREST OFFICE SIRA DIVISION SIRA, TUMKUR DISTRICT-572101.
4. SRI. A. RAMACHANDRAIAH S/O AITHAR LINGANNA AGED 58 YEARS R/O PATTANAYAKANAHALLI GOWDAGERE HOBLI … PETITIONER SIRA TALUK TUMKUR DISTRICT-572101.
(By Smt. NILOUFER AKBAR, AGA FOR R1 TO R3 Mr. SOMANA GOUDA PATIL, ADV., FOR … RESPONDENTS Mr. VENKATESH P. DALWAI, ADV., FOR R4) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DT.15/17.7.13, PASSED BY THE R2, VIDE ANN-A. QUASH THE IMPUGNED ORDER DT.24.3.13 PASSED BY THE R3 HEREIN VIDE ANN-E & CONSEUQENTLY DIRECT THE R3 HEREIN TO RENEW THE LICENSE IN RESPECT OF M/S. PUSHPALATHA SAW MILL AS SOUGHT FOR BY THE PETITIONER VIDE ANN-D AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.G.S.Venkata Subba Rao, learned counsel for the petitioner.
Smt. Niloufer Akbar, learned Additional Government Advocate for the respondent Nos.1 to 3.
Sri.Somana Gouda Patil, learned counsel for Sri.Venkatesh P.Dalwai, learned counsel for the respondent No.4.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of the impugned order dated 17.07.2013 passed by the respondent No.2. The petitioner also seeks a writ of certiorari for quashment of the order dated 22.04.2013.
4. When the matter was taken up today, learned counsel for the petitioner submitted that being aggrieved by the action of seizure of the saw mill, the petitioner has filed an appeal under the Karnataka Forest Rules, 1969 on 30.09.2013. It is further submitted that the aforesaid appeal has not been decided by the aforesaid authority and the writ petition be disposed of with a direction to the authority to dispose of the same after affording an opportunity of hearing to the petitioner.
5. On the other hand, learned Additional Government Advocate submits that in case such an appeal is pending, the same shall be dealt with in accordance with law.
6. In view of the aforesaid submissions, the petition is disposed of with a direction to the Appellate Authority that in case an appeal preferred by the petitioner is still pending before the Appellate Authority, the same shall be disposed of by the Appellate Authority by a speaking order after giving an opportunity of hearing to the petitioner as well as respondent No.4, within three months from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE RV