- 1 - HC-KAR NC: 2025:KHC-D:9679 WP No. 105328 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105328 OF 2025 (GM-FOR) BETWEEN: GOWDARA AJJAPPA PRAKASH S/O. G. AJJAPPA, (MSTC/GOWDARA AJJAPPA PRAKAASH/574431) AGE: 60 YEARS, OCC. BUSINESS, S/O. G. AJJAPPA, R/O. LALITHA SADANA, TANK BUND ROAD, SHIVAMOGGA, TQ. DIST. SHIVAMOGGA, PIN-577201. …PETITIONER (BY SRI. G.N. NARASAMMANAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY. ITS SECRETARY, FOREST DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU, PIN-560001. 2. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST (FOREST RESOURCES MANAGEMENT, V FLOOR, ARANY BHAVAN, 18TH CROSS, MALLESHWARM, BENGALURU, PIN-560003. 3. THE DEPUTY CONSERVATOR OF FORESTS HALIYAL DIVISION, TQ. HALIYAL, DIST. UTTAR KANNADA, PIN-581329. 4. THE ASSISTANT CONSERVATOR OF FOREST Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9679 WP No. 105328 of 2025 GOVERNMENT TIMBER DEPOT DANDELI, TQ. HALIYAL, DIST. UTTAR KANNADA, PIN-581325. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED E-TENDER CUM AUCTION NOTIFICATION BEARING AND BEARING SL NO. DATED 01/07/2025 AND BEARING SI NO. AA PRA MUU AA SAM (AASAM NI) B3 SALE -CR-01/2025-26 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-A. II) ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED THE SALE INTIMATION LETTER DATED. 29-07-2025 ISSUED BY RESPONDENT NO. 3 TO PETITIONER VIDE ANNEXURE- B. III) ISSUE ANY OTHER WRIT OR DIRECTION AS DEEMED FIT BY THIS HON BLE COURT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: I) Issue writ of certiorari quashing the impugned e-tender cum auction notification - 3 - HC-KAR NC: 2025:KHC-D:9679 WP No. 105328 of 2025 bearing and bearing Sl No. dated 01/07/2025 and bearing SI No. Aa Pra Muu Aa Sam (AaSam Ni) B3 sale -CR-01/2025-26 issued by 2nd respondent vide ANNEXURE-A. II) Issue writ of certiorari quashing the impugned the Sale Intimation Letter dated. 29-07-2025 issued by respondent No. 3 to petitioner vide Annexure- B. III) Issue any other writ or direction as deemed fit by this hon ble court on the facts and circumstances of the case and to meet the ends of justice and equity. 3. Similar matter has been decided by the Co-ordinate Bench of this Court on 09.07.2024 in WP No.103792/2024. The reasoning of the Co-ordinate Bench of this Court would be equally applicable to the present matter. 4. 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 W.A.No.743/2021 and related - 4 - HC-KAR NC: 2025:KHC-D:9679 WP No. 105328 of 2025 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) Respondent 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 SH CT:PA List No.: 1 Sl No.: 40