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 No.57867/2018 (GM-FOR) BETWEEN ZOOMCAR INDIA PRIVATE LIMITED, A PRIVATE LIMITED INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT UNIT NO.701 TO 717, 7TH FLOOR, TOWER B, DIAMOND DISTRICT, NO.150, OLD AIRPORT ROAD, KODIHALLI, BENGALURU - 560008 REPRESENTED BY ITS DULY AUTHORISED SIGNATORY MR. T BASKAR, SPECIAL POWER ATTORNEY.
... PETITIONER (BY SRI DEVARAJ K S, ADV.) AND 1. STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF FORESTS, MS BUILDING, BANGALORE - 560 001.
2. THE DEPUTY CONSERVATOR OF FORESTS, BANGALORE RURAL DIVISION, SUBAKANAHALLI GATE, DEVANAHALLI TALUK, BANGALORE - 562 110.
3. THE RANGE FOREST OFFICER, HOSKOTE RANGE, NH 207, COLLEGE ROAD, MV EXTENSION, HOSKOTE - 562 114.
4. THE INSPECTOR OF POLICE, HOSKOTE POLICE STATION, SWAMI VIVEKANANDA NAGAR, KHB COLONY, HOSKOTE - 562 114.
... RESPONDENTS (BY SRI VIJAY KUMAR A.PATIL, ADDL. GOVT. ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO ORDER FOR FINAL AND UNCONDITIONAL RELEASE OF THE TOYOTA FORTUNER VEHICLE BEARING REGISTRATION NO.KA 03 AC 2729 OWNED BY THE PETITIONER, AND WHICH IS THE SUBJECT MATTER OF THE PROCEEDINGS IN D.F.O.C. 11/2016-17 AND IN CRIME NO.430/2015 VIDE ANNEXURE-L.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Devaraj.K.S, learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, Additional Government Advocate for the respondents.
2. The writ petition is admitted for hearing. With the consent of the parties, the matter is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has inter alia prayed for the following reliefs:
a) Issue a writ in the nature of a writ of mandamus or any other appropriate writ/order/direction directing the 2nd Respondent to order for final and unconditional release of the Toyota Fortuner vehicle bearing registration No. KA 03 AC 2729 owned by the Petitioner, and which is the subject matter of the proceedings in D.F.O.C 11/2016-17 and in Crime 430/2015; and Annexure.L b) Pass such other order/s as this Hon’ble Court may deem fit to grant in the facts and circumstances of the case, in the interest of justice.
4. When the matter was taken up for consideration today, learned Additional Government Advocate on instructions submits that the proceedings pending against the petitioner under Section 71-A of the Karnataka Forest Act, 1963 (hereinafter referred to as ‘the Act’ for short) in D.F.O.C.No.11/2016-17 shall be concluded within a period of four weeks from the date of receipt of certified copy of the order passed today. He further submits that investigation shall be concluded and final report shall be filed within the aforesaid period.
5. The aforesaid statement is taken on record.
Accordingly, the petition is disposed of with a direction to the respondents to conclude the proceedings pending against the petitioner under Section 71-A of the Act as well as to file final report within a period of four weeks from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE VM CT-HR