- 1 - NC: 2025:KHC:9949-DB WP No. 2890 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 2890 OF 2025 (GM-FOR) BETWEEN: 1. SRI. B.H. CHANDRASHEKAR S/O HUTHAPPA AGED ABOUT 53 YEARS PROPRIETOR OF M/S SADHANA STONE CRUSHER UNIT HULIHALLI VILLAGE KATTAYA HOBLI, KITTANE POST HASSAN TALUK & DISTRICT-573 201 …PETITIONER (BY SRI. M.N.MADHUSUDHAN, ADVOCATE) AND: 1. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS 4TH FLOOR, ARANYA BHAVAN 18TH CROSS, MALLESHWARAM BENGALURU-560 003. 2. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY DEPARTMENT OF FOREST M.S.BUILDING Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9949-DB WP No. 2890 of 2025 BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER BENGALURU - MANGALORE ROAD RANGOLI HALLA HASSAN DISTRICT-573 201 4. THE RANGE FOREST OFFICER HASSAN ZONE, ARANYA BHAVAN NEAR DAIRY CIRCLE, B.M ROAD HASSAN DISTRICT-573 201 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND THEREBY QUASH THE INTIMATION NOTICE DATED 1/1/2025 BEARING NO.VaAA/Hassan/GL-481/2024-25 AS PER ANNEUXRE-K ISSUED BY RESPONDENT NO.4 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:9949-DB WP No. 2890 of 2025 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) By invoking jurisdiction of this court, as above highlighted by learned advocate Mr. M.N. Madhusudhan for the petitioner, what is prayed is to set aside the intimation dated 01.01.2025 issued by respondent No.4-the Range Forest Officer, Hassan Range, Hassan. It is next prayed to direct respondent No.4-the Range Forest Officer to consider the reply dated 08.01.2025 of the petitioner to the aforesaid intimation dated 01.01.2025 and pass appropriate orders. 2. It appears that in the intimation letter dated 01.01.2025 which is in the nature of notice, it is stated to the petitioner that the land in Survey No.2, new Survey No.18 at Kattaya Kaval, Kattaya Hobli, Hassan Taluka, where in the Sadhana Stone Crusher Unit owned by the petitioner is operational, is found to be within the boundary of forest area under the Protection of the Kattaya Reserve Forest as per Government notification dated 29.07.1938. 3. It is stated to the petitioner that non-forest activities in the forest area is not permissible. Therefore, the crusher unit of the - 4 - NC: 2025:KHC:9949-DB WP No. 2890 of 2025 petitioner is liable to be cut down immediately. Petitioner is informed that failure to close the unit will entail appropriate legal action under the Karnataka Forest Act, 1963 and Forest Conservation (Enhancement) Act, 1980. Responding to the aforesaid notice given to the petitioner, the petitioner has already replied on 08.01.2025. 3.1 In his reply addressed to the Range Forest Officer, various defence have raised stating that the petitioner has been running the unit since 2020 and that he has also got various permissions like electricity supply and approval from Pollution Control Board. It is stated that the ancestors of the petitioner had obtained the land through grant certificate issued by the Government and that before granting the land, survey was undertaken. 3.2 The petitioner asserts his right to continue to carryout the stone crushing operations on the land. It is evident from the above facts that notice to the petitioner issued by the competent authority as the Range Forest Officer have been replied. The contents of the reply and the case put forth in defence by the petitioner are required to be considered by the authorities. So far notice is yet to - 5 - NC: 2025:KHC:9949-DB WP No. 2890 of 2025 place its culmination. The competent authority is yet to consider the reply of the petitioner. 4. In the aforesaid view, without going into merits of the case of either side, this writ petition is disposed of by directing respondent No.4-the Range Forest Officer, Hassan Zone, Aranya Bhavan, Near Dairy Circle, Hassan to consider the reply of the petitioner on merits and in accordance with law before any decision is reached by the said competent authority. 4.1 It is further observed and provided that the exercise of considering the reply of the petitioner and taking appropriate decision shall be completed within a period of eight weeks from today. 5. The petition is disposed of accordingly. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 10