- 1 - NC: 2025:KHC:1622 WP NO.35569 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.35569 OF 2024 (GM-FOR) BETWEEN: M/S. A.K. WOOD WORLD REPRESENTED BY ITS PROPRIETOR, MR. ABDUL KHAYUM, S/O ABDUL KHADAR, AGED ABOUT 47 YEARS, K.M. DODDI, BEHIND GANESH SAW MILL AND WOOD INDUSTRIES, MADDUR TALUK, MANDYA DISTRICT - 571 422. …PETITIONER (BY SRI. N. DINESH RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, M.S. BUILDING, BENGALURU - 560 001. 2. THE RANGE FOREST OFFICER. MADDUR RANGE, SOMANAHALLI, MADDUR, MANDYA DISTRICT - 571 429. 3. THE DEPUTY CONSERVATOR OF FOREST, CARMEL CONVENT ROAD, SUBASH NAGAR, MANDYA DISTRICT - 571 401. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1622 WP NO.35569 OF 2024 4. ADDITIONAL CHIEF PRINCIPAL CONSERVATOR OF FOREST (FOREST CONSERVATION AND MANAGEMENT), ARANYA BHAVANA, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 003. …RESPONDENTS (BY SRI. SESHU V., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT DIRECTING THE RESPONDENT NOS.2 TO 4 TO ISSUE APPLICATION FOR LICENCE FOR CHIPPING UNIT OF THE PETITIONER AND ON SUBMISSION OF THE SAME TO CONSIDER THE APPLICATION SUBMITTED BY THE PETITIONER; 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 High Court Government Pleader takes notice for respondents. 2. The prayer made in the writ petition is to issue writ of mandamus, directing the respondents to issue application for licence for chipping unit to the petitioner and upon submission of the application, the respondents to consider the same and issue licence. - 3 - NC: 2025:KHC:1622 WP NO.35569 OF 2024 3. Learned counsel for the petitioner would also pray that while directing the respondents to consider application, a direction should also be issued to the respondents not to take any action against the petitioner who had established the industry/chipping unit without obtaining licence from the respondents. It is also the submission of the learned counsel for the petitioner that, there is no provision for making an application, no rules have been framed to fix licence fee and no format is prescribed. 4. In the considered opinion of this Court, merely because rules have not been framed and fees for grant of licence is not fixed, it will not entile the petitioner to make submission that the respondents should not take any action if the petitioner had already started the unit without obtaining licence. Law will not permit a person to commence an industry without obtaining licence. 5. Therefore the writ petition stands disposed of permitting the petitioner to file an application without any prescribed format, seeking grant of licence for establishing the chipping unit. Respondents are directed to consider the same - 4 - NC: 2025:KHC:1622 WP NO.35569 OF 2024 in accordance with law. The petitioner shall file application within a period of two weeks from today. If such application is filed by the petitioner, respondent-Authorities are required to consider the same in accordance with law and pass necessary orders as expeditiously as possible at any rate within a period of six weeks from the date of submission of application by the petitioner. Sd/- (R DEVDAS) JUDGE ARK List No.: 1 Sl No.: 3