- 1 - HC-KAR NC: 2025:KHC-D:10766 WP No. 106188 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106188 OF 2025 (GM-FOR) BETWEEN: GANESH WOODS WORK MANAGED BY PROPRIETOR GANAPATI PARASHURAM BONGALE, AGE: 43 YEARS, OCC. CONTRACTOR, A/P: KATUR, TQ. MUNDGOD, DIST. UTTARA KANNADA-581346. …PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY, DEPARTMENT OF FOREST, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ARANYA BHAVAN, 4TH CROSS, MALLESHWARAM, BENGALURU-560003. 3. THE DEPUTY CONSERVATOR OF FOREST HALIYAL DIVISION, HALIYAL, TQ. HALIYAL, DIST. UTTAR KANNADA-581329. 4. THE ASSISTANT CONSERVATOR OF FOREST GOVERNMENT TIMBER DEPOT, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10766 WP No. 106188 of 2025 TQ. DANDELI, DIST. UTTAR KANNADA-581325. 5. THE DEPUTY CONSERVATOR OF FOREST, SIRSI, U.K.581401. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO, I. A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED SALE INTIMATION MAIL LETTER DATED 07.08.2025 ISSUED BY R-5 IS HEREWITH PRODUCED AS PER ANNEXURE-B IN SO FAR AS 12 FDT IS CONCERNED, BY ALLOWING THIS WRIT PETITION TO MEET THE ENDS OF JUSTICE.II. ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS DEEMED FIT AND PROPER BE ISSUED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondents. - 3 - HC-KAR NC: 2025:KHC-D:10766 WP No. 106188 of 2025 2. The petitioner is before this Court seeking for the following reliefs: 1. A writ in the nature of Certiorari, quashing the impugned sale intimation mail letter dated 07.08.2025 issued by R-5 is herewith produced as per Annexure-B in so far as 12% FDT is concerned, by allowing this writ petition to meet the ends of justice. 2. Any other appropriate writ, order or direction as deemed fit and proper be issued, in the interest of justice and equity. 3. Similar matter has been decided by the Co-ordinate Bench of this Court on 09.07.2024 in W.P. No.103792/2024. The reasoning of the Co- ordinate Bench of this Court would be equally applicable to the present matter. Hence, the following: ORDER i) The writ petition is allowed. ii) The demand, collection, and refund of Forest Development Tax (FDT) are to be subject to the final outcome of - 4 - HC-KAR NC: 2025:KHC-D:10766 WP No. 106188 of 2025 W.A.No.743/2021 and related matters pending before this Court, and C.A.No.3974- 4068/2016 and C.A.No.3214-3271/2018, pending before the Hon’ble Supreme Court. iii) Respondents authorities shall take further action only after the disposal of the aforementioned cases, either by issuing fresh demands or processing refunds where FDT has already been collected from the petitioners. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 33