- 1 - NC: 2025:KHC-D:701 WP No. 112595 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD WRIT PETITION NO.112595 OF 2014 (GM-RES) BETWEEN: THE UTTARA KANNADA LABOUR INSTITUTE WELFARE ASSOCIATION, # 295/2, DR.KOPPAL’S BUILDING, DEVIKERI ROAD, SIRSI-581401, U.K. DIST., RPTD.BY ITS SECRETARY, SRI. BASKAR HEGDE, S/O GANAPATHI HEGDE, AGE: 57 YEARS, AGRICULTURIST, KAGERI VILLAGE, BARUR POST, SIRSI-581401 UTTARA KANNADA DISTRICT. - PETITIONER (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA, DEPARTMENT OF FORESTS, ECOLOGY AND ENVIRONMENT, M.S. BUILDINGS, DR. AMBEDKAR VEEDHI, BANGALORE-560001. R/BY. PRINCIPAL SECRETARY, 2. CHIEF PRINCIPAL CONSERVATOR OF FORESTS, ARANYA BHAVAN, 18TH CROSS, MALLESWARAM, BANGALORE-560003. 3. CONSERVATOR OF FORESTS, CANARA CIRCLE, SIRSI-581401, UTTARA KANNADA DISTRICT. - RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR SUCH OTHER WRIT QUASHING THE ORDER / PROCEEDINGS DATED 29.10.2014 AS PER ANNEXURE-V OF THE 1ST RESPONDENT & ETC., Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:701 WP No. 112595 of 2014 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner is an association of different labour Co- Operative Societies, and these Co-Operative Societies are by labour working in the forest areas engaged in logging works such as cutting trees and transporting the same to the forest depots. The petitioner has called in question the State Government’s order dated 29.10.2014 [Annexure-F]. The State Government by this impugned order has clarified that logging would include both cutting trees and transporting the same to the forest depots stipulating: [i] that the logging work in a year must be distributed equally between the Karnataka State Forest Industrial Corporation and the Co-Operative Societies of the forest labour engaged in logging, [ii] that the Co-Operative Societies must be issued such work after tender notification as required under the Karnataka Transparency in Public Procurement Act, 1999 [for short, ‘KTPP Act’] and the Rules framed - 3 - NC: 2025:KHC-D:701 WP No. 112595 of 2014 and inviting offers from only such societies which are incorporated under the Karnataka Co-Operative Societies Act, 1956. 2. The petitioner’s grievance is with the stipulation that the logging work must be allotted to the Co- operative Societies through a tender process. This writ petition is after multiple rounds of earlier writ petitions, and a reference must be made to the following writ petitions. 2.1 W.P. No. 40936/20011: This writ petition is filed calling in question the decision to allot 50% of the logging work only amongst those Co-operative Societies that are registered up to the year 1990 and not thereafter. This writ petition is disposed of on 13.03.2007 quashing such stipulation observing that the Forest Department will have to take a decision in the light of certain suggestions made in the order to avoid discrimination amongst societies. 2.2 After this order, the Government Order dated 16.06.2007 is issued continuing the stipulation that the 1 Hindulida Vargada Cooligarara Aranya Utpathi Sekharane Sahakari Sangha (Niyamita) Manki and two others v. The State of Karnataka and two others. - 4 - NC: 2025:KHC-D:701 WP No. 112595 of 2014 logging work will be allotted to the Karnataka Forest Industries Corporation Limited and the Uttara Kannada District Forest Co-Operative Societies in the ratio of 50:50 with the stipulation that societies must be registered in terms of the Government Order dated 26.12.1990. This order is followed by Corrigendum dated 07.07.2007 stipulating that a tender-cum-auction would be held and logging work allotted to those Societies that offer the lowest bid. The decision in terms of the Government Order dated 16.06.2007 is after the proceedings of an Expert Committee on 15.02.2007. 2.3 W.P. No. 17364/2007 c/w 17651/2007:2 These writ petitions are filed calling in question the corrigendum dated 07.07.2007. This Court has disposed of these writ petitions by order dated 28.03.2008 allowing the writ petitions quashing the Corrigendum dated 07.07.2007. This Court’s reasoning in such order reads as under: 2 The Uttara Kannada Labour Institutions Welfare Association V. State of Karnataka & Others - 5 - NC: 2025:KHC-D:701 WP No. 112595 of 2014 It is apparent that one basic objective of entrusting such logging to the labour co-operatives was to provide livelihood to its members who are expected to be persons traditionally surviving on forestry works within Canara- Circle-the newer societies may or may not consist of such members-this is to be ensured. Insofar as the suggestion of this Court for the entrustment of the work to the lowest bidder is concerned, the State Government has indicated in its Statement of Objections that it is an acceptable criteria. It is not supported by any material to any indicate that this decision has been preceded by an in- depth consideration to reverse the widely accepted mode of arriving at the operational rates for the said works. It would be appropriate that any change in policy be spelt out. In the result, the Corrigendum dated 07.07.2007 cannot be sustained and ought to be set at naught. 2.4 W.A. No. 2129/2007 and connected writ appeals: The decisions in W.P. No. 40936/2001 and W.P. No. 17634/2007 c/w 17651/2007 is called in question in these appeals and cross-appeals. A Division Bench has disposed of these appeals by the common order dated 04.02.2009 opining that the decision to issue tender to award contracts to the Co-operative Societies cannot be accepted because of the National Forest Policy, 1988. The Division Bench has observed that this policy is based on the - 6 - NC: 2025:KHC-D:701 WP No. 112595 of 2014 Apex Court’s orders. The Division Bench has ultimately opined thus holding that the State Government could not have insisted upon cutoff date for the registration of the concerned societies: “Therefore, we make it clear that the government order dated 16.6.2007 shall be implemented by its letter and spirit by respondents 4 and 5 to achieve the object of the National Forest Policy referred to supra by entrusting the logging work in favour of the labour Co- operative Society referred to hereunder. Further, we make it clear if any genuineness regarding registration and functioning of any Labour Co-operative Societies can be ascertained through the Registrar of the Societies under the provisions of the said Act, and on such valid documents only, the entrustment of logging work shall be made in favour of the Labour Societies except the societies who are in the default of the 5th respondent in not clearing the amount due to it. In the course of the submissions, it is brought to our notice that respondents 1 and 3 in this appeal are defaulters to the Forest Department in not paying the amount due for entrustment of logging work and the same shall be considered by respondent nos.4 and 5 at the time of entrustment of logging work in terms of the government order dated 16.6.2007 without applying the corrigendum Notification dated 7.7.2007.” - 7 - NC: 2025:KHC-D:701 WP No. 112595 of 2014 2.5 W.P. No. 31588-590/20083: This writ petition is filed calling in question certain decisions prior to the Division Bench order dated 04.02.2009 in the aforesaid writ appeals. The writ petitions are disposed of directing the authorities to give effect to the directions by the Division Bench within a time frame. After the Division Bench’s order, certain proceedings are held under the Chairmanship of Principal Secretary, Forest, Ecology and Environment with the Hon’ble Minister for allocation of logging work and it is after such meetings the impugned order is issued. 3. Sri Vishwanath Hegde, the learned counsel for the petitioner, submits that after the Division Bench’s order, especially with this Court’s order in subsequent writ petition in W.P. No. 31588-590/2008, the authorities could not have passed orders for issuance of logging work by tender inviting bids from amongst co-operative societies. Sri Praveen K. Uppar, the learned Additional Government Advocate, submits that the respondents seek to justify the 3 The Uttara Kannada Labour Institutions Welfare Association and others Vs. Government of Karnataka and others - 8 - NC: 2025:KHC-D:701 WP No. 112595 of 2014 decision to reintroduce tender process for allocation of logging work to the Co-operative Societies because of the observation by this Court in W.P. No. 17634/2014 observing that the State Government would be at liberty to spell out change in policy and take decisions. As regards the present arrangement that is prevalent within the Canara Circle, Sri Praveen K Uppar, on instructions, submits that 50% of the logging work is being undertaken by the Karnataka State Forest Industrial Corporation and the remaining work by the concerned from the Forest Department through the labour engaged by them. 4. The question: whether the State Government can insist upon issuing tender for entrusting the logging work to the Co-operative societies, must be examined not just in the light of the extant policy as of the Division Bench’s order in the above writ appeals but also in the light of the requirements under the KTPP Act and any change in the National Forest Policy, 1988. The learned counsels for the parties have not brought on record any - 9 - NC: 2025:KHC-D:701 WP No. 112595 of 2014 material for this Court to opine that the impugned decision is because of the change in the National Forest Policy, 1988. 5. This Court must observe that if the National Forest Policy, 1988 continues without any change, then the Co-operative Societies constituted by the labor engaged in logging work for generations cannot be excluded and other reasons, including the dwindling number of the Co-operative Societies for lack of due compliance, will also have to be considered. If upon considering these and relevant circumstances, the State Government is of the view that 50% of the logging work must be granted to the Co-operative Societies and without tender process, the Committee must consider why exception should not be granted as is envisaged under Section 4 of the KTPP Act. 6. This Court, for these reasons and the fact that the writ petition is pending for all these years with the State Government entrusting logging work to KSFIC for executing such work itself or engaging independent labour engaged by the Department, is of the considered view that - 10 - NC: 2025:KHC-D:701 WP No. 112595 of 2014 the writ petition must be disposed of directing the Principal Secretary, Department of Forest, Ecology and Environment [the first respondent] to consider all circumstances, including whether there should be any exemption as is contemplated under Section 4 of the KTPP Act, and take an expedited decision. In the light of the afore, the following order. ORDER [a] The petition stands disposed of directing the first respondent to consider the policy of allotting 50% of the logging work in Canara Circle to the Co- operative Societies by the Labour engaged in such work and if necessary for orders under Section 4 of the KTPP Act after constituting an Experts’ Committee for consideration of all the circumstances, including the directions of Division Bench of this Court in the aforesaid writ appeal. [b] The petitioner is reserved with liberty to file a certified copy with the first respondent within four weeks from the date of receipt of a certified - 11 - NC: 2025:KHC-D:701 WP No. 112595 of 2014 copy of this order, and the first respondent is directed to consider such representation in terms of this Court’s direction within six [6] months from the date of receipt of a representation. Sd/- (B.M.SHYAM PRASAD) JUDGE BVV LIST NO.: 1 SL NO.: 12