- 1 - NC: 2025:KHC:6703 WP No. 906 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 906 OF 2025 (GM-FOR) BETWEEN: DEVARAJ C. S/O. V. CHANDRASHEKAR, AGED ABOUT 27 YEARS, R/AT 2ND CROSS, BHOVI COLONY, KODI CAMP, TARIKERE, CHIKKAMAGALURU DISTRICT …PETITIONER (BY SRI. SHIVANANDA D.S., ADVOCATE) AND: 1. THE DEPUTY CONSERVATORS OF FOREST, CHITRADURGA, CHITRADURGA DISTRICT - 577 501. 2. THE RANGE FOREST OFFICER, HOLALKERE RANGE, HOLALKERE, CHITRADURGA DISTRICT - 577 526. 3. THE CIRCLE INSPECTOR OF POLICE, HOLALKERE CIRCLE, HOLALKERE, CHITRADURGA DISTRICT - 577 526. 4. THE POLICE SUB INSPECTOR, CHITRAHALLI GATE POLICE STATION, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 526. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA) Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:6703 WP No. 906 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMUNICATION DTD.24.10.2024 IN NO.VAAAAA/HOVA/P.F.NO.83/CR-/2024-25/325 IN RESPECT OF P.F.NO.84/2023 (WRONGLY SHOWN AS 83/2023) ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-G, BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION AS A CASE MAY BE AND ETC., THIS W.P., COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER On the previous date of hearing, this Court had passed the following order. "Learned Additional Government Advocate is directed to take notice for all the respondents. Learned counsel for the petitioner is directed to serve copies of the writ petition along with annexures on the learned Additional Government Advocate. Learned counsel for the petitioner submits that the petitioner has filed an application to respondent No.1-Deputy Conservators of Forest in terms of Rule 69 of the Karnataka Forest Rules, 1969 invoking Section 62 of the Karnataka Forest Act, 1963, seeking - 3 - NC: 2025:KHC:6703 WP No. 906 of 2025 release of his car, TATA Harrier, which has been seized in a forest offence. However, at Annexure-G, respondent No.1 has made a communication dated 24.10.2024 directing the petitioner to approach respondent No.3-Circle Inspector of Police, Holalkere. Learned counsel submits that the power to release a vehicle involved in a forest offence in terms of Section 62 read with Rule 69 of the Karnataka Forest Rules, 1969 lies with the Deputy Conservators of Forest and not the Circle Inspector of Police. Re-list this matter on 14.02.2025 for Preliminary Hearing. Learned Additional Government Advocate is directed to secure instructions and make submissions" 2. Today, learned AGA submits on instruction that the competent authority, even according to the petitioner is respondent No.1-the Deputy Conservators of Forest, who is empowered to consider an application for release of a vehicle involved in forest offence in terms of Section 62 R/w Rule 69 of the Karnataka Forest Rules, 1969. However, the application at Annexure-'F' though addressed to the Deputy Conservators of Forest, nevertheless, has been submitted before the Range Forest Officer at Holalkere. - 4 - NC: 2025:KHC:6703 WP No. 906 of 2025 3. The learned AGA would therefore submit that the petitioner may be directed to file an application before respondent No.1-the Deputy Conservator of Forest, Chitradurga and if such application is filed, the officer will consider the same and pass necessary orders as expeditiously as possible. 4. Placing the submission of the learned AGA on record, the writ petition stands disposed of reserving liberty to the petitioner to file necessary application before respondent No.1. If such application is filed, respondent No.1 shall consider the same in accordance with law and dispose of the application as expeditiously as possible and that at any rate within a period of two weeks from the date of submission of the application. Sd/- (R DEVDAS) JUDGE BH List No.: 1 Sl No.: 19