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2025 DAILYLAW 40526 (KAR)

SMT LEELAVATHI K v. THE STATE OF KARNATAKA

WP/33067/2025 · 2025-12-01

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49820 WP No. 33067 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33067 OF 2025 (GM-FOR) BETWEEN: SMT LEELAVATHI K., W/O LATE M S DEVARAJ AGED ABOUT 71 YEARS R/AT VENKATAPURA, KAIKAMBA POST SUBRAMANYA, SULLIA TALUK DAKSHINA KANNADA KARNATAKA-574 238. …PETITIONER (BY SRI. SRINIVASA GOWDA B R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY M.S.BUILDING, BENGALURU-560 001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST FOREST OFFICER (NODAL OFFICER) HEAD FOREST OFFICE, ARANYA BHAVAN, 4TH FLOOR MALLESHWARAM 18TH CROSS BENGALURU-560 003. 3. THE CENTRAL EMPOWERED COMMITTEE GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT FOREST AND WILD LIFE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49820 WP No. 33067 of 2025 II FLOOR, CHANAKYA BHAVAN CHANAKYAPURI NEW DELHI-110 001 …RESPONDENTS (BY SRI. RAVINDRANATH, AGA FOR R1 & R2; SRI. B.S. VENKATANARAYANA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER, DIRECTING THE RESPONDENTS NOS.2 AND 3 TO CONSIDER THE APPLICATION FILED BY THE PETITIONER VIDE ANNEXURE-E, DATED 20.12.2024 AS DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 and 2. Sri.B.S.Venkatanarayana, learned counsel accepts notice for respondent No.3. 2. Petitioner is before this Court, seeking for the following reliefs: "a). Issue a writ of mandamus or any other writ or order, directing the respondents Nos.2 and 3 to consider the application filed by the Petitioner vide Annexure-E, dated 20.12.2024 as deems fit under the facts and circumstances of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:49820 WP No. 33067 of 2025 b). Direct the 2nd and 3rd respondents to expeditiously consider/decide of the application/ representation filed for renewal of the lease submitted by the petitioner vide Annexure-E dated 20.12.2024 in the interest of justice and equity. c). Allow this writ petition with cost.". 3. The grievance of the petitioner is that the lease granted by respondent Nos.2 and 3 in favour of the petitioner has not been renewed and application/representation submitted by the petitioner on 20.12.2024 at Annexure-E is yet to be considered. 4. Whenever any representation is submitted to the State Authorities, it is required that the said representation to be considered and necessary orders be passed as expeditiously as possible either accepting or rejecting the request made. Needless to say if an order of rejection is passed, it should be accompanied by reasons, neither having been done I pass the following: - 4 - HC-KAR NC: 2025:KHC:49820 WP No. 33067 of 2025 ORDER 1. Writ petition is allowed. 2. Mandamus is issued directing respondent Nos.2 and 3 to consider the representation submitted by the petitioner dated 20.12.2024 at Annexure-E within a period of 60 days from the date of receipt of the copy of this order. 3. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE SBN List No.: 1 Sl No.: 3