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2025 DAILYLAW 13871 (KAR)

RANJITPURA INFRASTRUCTURE PRIVATE LTD., v. STATE OF KARNATAKA

WP/2195/2025 · 2025-01-28

R Devdas

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3910 WP No. 2195 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2195 OF 2025 (GM-FOR) BETWEEN: RANJITPURA INFRASTRUCTURE PRIVATE LTD., COMPANY REGISTERED UNDER THE COMPANY'S ACT, OFFICE AT 401, 4TH FLOOR, 'PRIDE ELITE', NO. 10, MUSEUM ROAD, BANGALORE - 560 001, REPRESENTED BY AUTHORIZED SIGNATORY SRI. S. CHETHAN, S/O K. SRINIVASU, ASST MANAGER AND AUTHORISED SIGNATORY. …PETITIONER (BY SRI. DHIRAJ A.K, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S. BULDING, GATE NO. 2, BENGALURU - 560 001. 2. ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (FOREST RESOURCE MANAGEMENT) 5TH FLOOR, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 003. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3910 WP No. 2195 of 2025 3. PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HEAD OF FOREST FORCE), 4TH FLOOR, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 003. 4. DEPUTY CONSERVATOR OF FORESTS, BALLARI DIVISION, RADIO PARK, OPP. ITI COLLEGE, MINI ZOO COMPOUND, BALLARI - 583 104. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD THAT ACTION OF RESPONDENTS IN COLLECTING APPLICATION FEES MORE THAN ONCE ON SAME FOREST PRODUCE BY INSISTING TO OBTAIN SEPARATE FOREST PASS FOR PRIMARY AND SECONDARY ROUTES INDICATED IN RELEASE ORDER AS ILLEGAL AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for all the respondents. - 3 - NC: 2025:KHC:3910 WP No. 2195 of 2025 2. Learned counsel for the petitioner submits that a Division Bench of this Court in the case of the State of Karnataka Vs. M/s Kirloskar Ferrous in W.A.No.726/2008 had an occassion to consider Whether Rule 149(1) of the Karnataka Forest Rules, 1969, would enable the state and its authorities to direct the purchaser to secure a second pass for shifting the ore from one place to another. The Division Bench upheld the orders passed by the learned Single Judge that the rule does not permit the State and its authorities to issue such a direction or seek a second pass. The State had taken up the matter before the Apex Court in Special Leave to Appeal (c) No. 22963/2015, and by order dated 08.01.2016, the SLP was dismissed. 3. Learned counsel submits that the representation has been given by the petitioner at Annexure-J dated 07.10.2024, and it would suffice if the Secretary to Government, Department of Forest Ecology and Environment were to consider the representation and pass necessary orders and issue directions to the authorities. - 4 - NC: 2025:KHC:3910 WP No. 2195 of 2025 4. Accordingly, the writ petition stands disposed of with a direction to respondent No.1 to consider the representation dated 07.10.2024 at Annexure-J given by the petitioner and pass necessary orders as expeditiously as possible and at any rate, within a period of four weeks from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 10 CT: BHK