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2025 DAILYLAW 15750 (KAR)

SMT SHAILAJA R HEGDE v. THE STATE OF KARNATAKA

WP/29338/2017 · 2025-01-16

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:1778 WP No. 29338 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 29338 OF 2017 (GM-FOR) BETWEEN: 1. SMT. SHAILAJA R.HEGDE AGED ABOUT 64 YEARS, W/O LATE SRI. M.G.RATHNAKARA HEGDE, SHARADA NAGAR, SHRINGERI, CHIKMAGALUR DISTRICT-576 110. 2. SRI M.G.SUDHAKARA HEGDE AGED ABOUT 61 YEARS, S/O LATE GUNDAPPA HEGDE, ULUVE, KAVADI POST, SHRINGERI TALUK, CHIKMAGALUR DISTRICT - 576 110. …PETITIONERS (BY SRI. K.CHANDRANATH ARIGA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, BANGALORE - 1. 2. DEPUTY CONSERVATOR OF FOREST, KUDREMUKH WILD LIFE DIVISION, KARKALA TALUK - 574 104. UDUPI DISTRICT. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA) Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1778 WP No. 29338 of 2017 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.K.Chandranath Ariga., counsel for the petitioners and Sri.Mahantesh Shettar., AGA for respondents 1 and 2 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Quash the notices dated:17.04.2017 and 08.05.2017 issued by the Deputy Forest Officer vide Annexures-E & G. (b) Issue Writ of Mandamus directing respondent No.2 to release of the amount to the petitioners vide Annexure-A. 3. Heard the arguments and perused the Writ papers with care. 4. Counsel for the respective parties jointly submits that RFA No.1913/2016 has been dismissed on 15.07.2019. - 3 - NC: 2025:KHC:1778 WP No. 29338 of 2017 Counsel therefore, submits that an appropriate order may be passed. 5. The request of the petitioner to release the amount was declined on the ground that RFA No.1913/2016 was pending. Because of the disposal of RFA No.1913/2016, this Court deems it proper to direct the department concerned to consider the request of the petitioner for the release of the amount in accordance with the law. 6. The Writ of Certiorari is ordered. The Notices dated 17.04.2017 and 08.05.2017 issued by the Deputy Forest Officer vide Annexures-E & G are quashed. 7. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 44