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IN THE HIGH COURT OF , BENGALURU

DATED THIS THE 29 TH DAY OF JULY, 2016

BEFORE

THE HON'BLE MR. JUSTICE S ABDUL NAZEER

WRIT PETITION NOs.36816 OF 2016 (GM-FOR) C/W. WRIT PETITON NOs.57209/2014, 57225/2014, 58851-852/2014, 1656/2015 , 8075/2015, 9094/2015, 10495/2015, 10784/2015, 11936/2015, 12387/2015, 15383/2015, 18187/2015 & 56994/2015

In W.P.No.36816/2016:

Between :

Sri. N.Nagabhushana S/o. Sri. N.S.Narayanagowda Aged about 40 years Proprietor, M/s.Chanakeshava Saw mill Kattaya, Hassan Taluk Hassan District – 573 201. ... Petitioner (By Sri.S.P. Satish, Adv.)

And :

1. The Chief Conservator of Forest Aranya Bhavan, Malleshwaram – 560 003.

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2. Deputy Conservator of Forests Hassan Division, Aranya Bhavan Dairy Circle, B.M. Road Hassan – 573 201.

3. Assistant Conservator of Forest & Deputy Conservator of Forest Technical Advisor Aranya Bhavan, Dairy Circle, B.M.Road Hassan – 573 201.

4. Range Forest Officer Hassan Division Hassan District – 573 201. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of , praying to quash the order passed by R2 dated 12.6.2015 at Annex-A and etc.

In W.P.No.57209/2014:

Between :

Sri. T.V. Kasi Rao S/o. Sri. Ramakrishna Rao Aged about 39 years Prop. M/s. Lakshmi Ganesh Sawmill Iravalli Village, Belur Taluk Hassan District – 573 115. ... Petitioner (By Sri.K.S.Ganesha, Adv.)

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And :

Deputy Conservator of Forests Hassan Division, Aranya Bhavan Dairy Circle, B.M. Road Hassan – 573 201. ... Respondent (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the official memorandum dtd.7.8.2014 and communication dtd.18.11.2014 (annx-J & L) issued by the respondent and etc.

In W.P.No.57225/2014:

Between :

Sri. Bopanna Ramu S/o. B.Venkateswarulu Aged about 54 years Proprietor: Bharani Saw mill Marur Village, Arehalli Hobli Belur Taluk, Hassan District Hassan. R/o. Chickmagaluru 1st Cross, Rameswaranagar Chikkamagaluru District. ... Petitioner (By Smt. Shilpa Rani, Adv.)

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And :

1. The State of Karnataka Represented by its Secretary Department of Forest & Environment M.S.Building, Bangalore – 560 001.

2. ThePrincipal Chief Conservator of Forests (Head of Forest Force) Govt. of Karnataka Aranya Bhavan, Malleshwaram, Bangalore – 560 003.

3. The Deputy Conservator of Forest Hassan Division, Hassan – 573 201. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the impugned license dated 14.7.2014 vide ann-G and order vide Ann-H only to the extent of reduction of the machineries and further, restrain the respondents from interfering with the running of the petitioner’s saw mill and etc.

In W.P.Nos.58851-852/2014:

Between :

1. K.M. Gajan Aged about 26 years S/o. K.T. Manjunath Proprietor- M/s. Billeswara Swami Sawmill Aggadalu Village, Belur Belur Taluk, Hassan District.

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2. K.M.Gowrav Aged about 24 years S/o. K.T. Manjunath Proprietor- M/s. Billeshwara Swami Sawmill Aggadalu Village, Belur Belur Taluk, Hassan District. ... Petitioners (By Sri.H. Pavana Chandra Shetty, Adv.)

And :

1. The Chief Conservator of Forests Aranya Bhavan, Malleshwaram Bangalore – 560 003.

2. Deputy Conservator of Forests Hassan Division, Aranya Bhavan Dairy Circle, B.M. Road Hassan – 573 201.

3. Assistant Conservator of Forests & Deputy Conservator of Forest Technical Advisor Hassan Division, Aranya Bhavan Dairy Circle, B.M.Road, Hassan – 573 201.

4. Range Forest Officer Belur Divison , Belur Taluk Hassan District – 573 204. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

These writ petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash the order passed by R2 dated 18.7.2014 vide Annex-A and etc.

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In W.P.No.1656/2015:

Between :

Neetha Pradeep W/o. K.M. Pradeep Aged about 36 years Proprietor: M/s.New Kanachoor Wood Industries Iravalli, Belur Taluk, Hassan District. ... Petitioner (By Sri.H. Pavana Chandra Shetty, Adv.)

And :

1. The Chief Conservator of Forests Aranya Bhavan, Malleshwaram Bangalore – 560 003.

2. Deputy Conservator of Forests Hassan Division, Aranya Bhavan Dairy Circle, B.M. Road Hassan – 573 201.

3. Assistant Conservator of Forests & Deputy Conservator of Forest Technical Advisor Hassan Division, Aranya Bhavan Dairy Circle, B.M.Road, Hassan – 573 201.

4. Range Forest Officer Belur Divison , Belur Taluk Hassan District – 573 204. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

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This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order passed by R2 dated 4.8.2014 vide Annex-A and etc.

In W.P.No.8075/2015:

Between :

Sri. Shivaram M. S/o. M.Subbarao Aged about 32 years Proprietor of Sarveshwari Wood Industries Marur Village, Arehalli Hobli Hassan District, Hassan. r/o. Sree Rama Trader Devanahalli Village, Rampura Post Chikkamagaluru District – 577 133. ... Petitioner (By Sri.Subramani K., Adv.)

And :

1. The State of Karnataka Represented by its Secretary Department of Forest & Environment M.S.Building, Bangalore – 560 001.

2. The Principal Chief Conservator of Forests (Head of Forest Force) Govt. of Karnataka Aranya Bhavan, Malleshwaram Bangalore – 560 003.

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3. The Deputy Conservator of Forest Hassan Division, Hassan – 573 201. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 14.7.2014 vide Ann-G and Ann-H only to the extent of reduction of the machineries and further, restrain the respondents from interfering with the running of the petitioners saw mill and etc.

In W.P.No.9094/2015:

Between :

H. Manjunatha S/o. Late H.R. Hiriyannaiah Aged about 60 years Proprietor: M/s. Ranganatha Sawmill Devarayapattana, B.M.Road Hassan District. ... Petitioner (By Sri.H. Pavana Chandra Shetty, Adv.)

And :

1. The Chief Conservator of Forests Aranya Bhavan, Malleshwaram Bangalore – 560 003.

2. Deputy Conservator of Forests Hassan Division, Aranya Bhavan Dairy Circle, B.M. Road, Hassan – 573 201.

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3. Assistant Conservator of Forests & Deputy Conservator of Forest Technical Advisor Hassan Division, Aranya Bhavan Dairy Circle, B.M.Road, Hassan – 573 201.

4. Range Forest Officer Belur Divison, Hassan District – 573 204. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order passed by R2 dated 18.7.2014 vide Annex-A and etc.

In W.P.No.10495/2015:

Between :

M/s. Laxmi Saw Mill Represented by its Proprietor G.V.Suresh S/o. Sesha Rao Aged about 37 years Aggadalu Village, Belur Taluk Hassan District – 573 201. ... Petitioner (By Sri. Dinesh Rao N., Adv.)

And :

1. The State of Karnataka Represented by its Secretary Department of Forests M.S.Building, Bangalore – 560 001.

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2. The Deputy Conservator of Forests Hassan Division Hassan – 573 201.

3. Chief Conservator of Forest Hassan Circle Hassan – 573 201. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 25.2.2015 passed by the R2 vide Annx-T and etc.

In W.P.No.10784/2015:

Between :

K.M. Pradeep S/o. K.S. Manje Gowda Aged about 43 years Proprietor M/s. Sridevi Sawmill “& Wood Industries Iravalli, Belur Taluk, Hassan District. ... Petitioner (By Sri.Pavana Chandra Shetty H., Adv.)

And :

1. The Chief Conservator of Forests Aranya Bhavan, Malleshwaram Bengaluru – 560 003.

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2. Deputy Conservator of Forests Hassan Division, Aranya Bhavan Dairy Circle, B.M. Road Hassan – 573 201.

3. Assistant Conservator of Forests and Deputy Conservator Forest Technical Advisor Hassan Division, Aranya Bhavan Dairy Circle, B.M. Road Hassan – 573 201.

4. Range Forest Officer Belur Division, Belur Taluk Hassan District – 573 204. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order passed by the R2 dtd.5.3.2015 vide Ann-A and etc.

In W.P.No.11936/2015:

Between :

T.B.A. Rehaman S/o. Late Moideen Kuhni Aged about 65 years Proprietor M/s. Padhur Wood Industries Santhepet, Hassan-Gorur Road Hassan District. ... Petitioner (By Sri.Pavana Chandra Shetty H., Adv.)

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And :

1. The Chief Conservator of Forests Aranya Bhavan, Malleshwaram Bengaluru – 560 003.

2. Deputy Conservator of Forests Hassan Division, Aranya Bhavan Dairy Circle, B.M. Road Hassan – 573 201.

3. Assistant Conservator of Forests and Deputy Conservator Forest Technical Advisor Hassan Division, Aranya Bhavan Dairy Circle, B.M. Road Hassan – 573 201.

4. Range Forest Officer Belur Division, Belur Taluk Hassan District – 573 204. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order passed by the R2 dtd.4.9.2014 vide Ann-A and etc.

In W.P.No.12387/2015:

Between :

Sri. Maddi Srirama Murthy S/o. Sri.Venkateswaralu Aged about 66 years

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Prop. M/s. Gururaghavendra Sawmill, , Arasikere Taluk Hassan District – 573 112. ... Petitioner (By Sri.K.S.Ganesha, Adv.)

And :

Deputy Conservator of Forests Hassan Division, Aranya Bhavan Dairy Circle, B.M.Road Hassan – 573 201. ... Respondent (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the official memorandum dtd.23.6.2014 and communication dtd.26.8.2014 vide Annexures-A & B issued by the respondent and etc.

In W.P.No.15383/2015:

Between :

K.R. Vijayan S/o. Late K. Raman Aged 38 years M/s. Sri. Vijayalaxmi Timber Traders Marur Village, Belur Taluk Hassan District – 573 115. ... Petitioner (By Smt. Shilparani, Adv., for Sri. Vikram Balaji B.L., Adv.)

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And :

1. The State of Karnataka Represented by its Secretary Forest Department M.S.Building, Bangalore – 560 001.

2. The Deputy Conservator of Forest Hassan Division, Hassan- 573 115. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to declare that the condition imposed in the order produced at Ann-F dtd.14.7.14 passed by the R2, insofar as it relate to reduction of number of machines to be unsed in the petitioner’s saw mill from 4 vertivle machines to 1 & 4 horizontal machines to 1 is without the authority of law, ultra vires the powers conferred under the Karnataka Forest Act & the Rules framed thereunder and etc.

In W.P.No.18187/2015:

Between :

K.R. Gopikrishna S/o. Late K. Raman Aged 38 years M/s. G.K.Wood Industries Marur Village, Belur Taluk Hassan District – 573 115. ... Petitioner

(By Smt. Shilparani, Adv., for Sri. Vikram Balaji B.L., Adv.)

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And :

1. The State of Karnataka Represented by its Secretary Forest Department M.S.Building, Bangalore – 560 001.

2. The Deputy Conservator of Forest Hassan Division, Hassan- 573 115. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to declare that the condition imposed in the order vide Annexure-F dtd.14.7.2014 passed by the R2, insofar as it relate to reduction of number of machines to be unsed in the petitioner’s saw mill from 4 vertivle machines to 1 & 4 horizontal machines to 1, is without the authority of law, ultra vires the powers conferred under the Karnataka Forest Act & the Rules framed thereunder and etc.

In W.P.No.56994/2015:

Between :

M/s. Shabana Saw Mill Represented by its Proprietor Syed Jaffer, S/o. Syed Peersab Aged about 61 years Hale Santhe Beedi, Alur Village, Belur Taluk Hassan District – 573 201. ... Petitioner

(By Sri.Dinesh Rao N., Adv.)

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And :

1. The State of Karnataka Represented by its Secretary Department of Forest M.S.Building, Bangalore – 560 001.

2. The Deputy Conservator of Forest Hassan Division, Hassan- 573 201.

3. Chief Conservator of Forest Hassan Circle, Hassan – 573 201. ... Respondents (By Sri.R.B. Satyanarayana Singh, AGA)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the notice dated 29.9.2015 vide Ann-E as illegal and opposed to law and etc.

These writ petitions coming on for orders this day, the Court made the following:

O R D E R

I have heard the learned Counsel for the parties.

2. In all these cases, the applications filed by the petitioners for renewal of the sawmill licence for the year

2014-15 or 2015-16 have been partially granted by the

Deputy Conservator of Forests, Hassan.

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3. The contention of the learned Counsel for the petitioners is that the applications filed by the petitioners for installation of their machineries should have been allowed in full.

4. As noticed above, the applications filed by the petitioners seeking renewal of sawmill licence are for the year 2014-15 or 2015-16. Learned counsel for the petitioners submit that the petitioners have made fresh applications for renewal of licence for the year 2016-17.

The Deputy Conservator of Forests, Hassan, has to consider the applications in accordance with law without being influenced by the orders passed by him for the previous years. With these observations, Writ petitions are disposed of. No costs.

Sd/- JUDGE SA