- 1 - HC-KAR NC: 2025:KHC-D:12693 WP No. 106976 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106976 OF 2025 (GM-FOR) BETWEEN: SHRI. ABDUL AZIZ IBRAHIMSAB CONTRACTOR AGE. 64, OCC. BUSINESS, T.P.NO.5A, WARD NO.10, NEAR SHIRUR RAILWAY GATE, BAGALKOT-587101. …PETITIONER (BY Ms. RANJITA G.ALAGAWADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, FOREST, ENVIRONMENT AND ECOLOGY DEPARTMENT, M.S. BUILDING, BENGALURU-01. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST FOREST, ENVIRONMENT AND ECOLOGY DEPARTMENT, M.S. BUILDING, BENGALURU-01. 3. ASSISTANT CONSERVATOR OF FOREST FOREST OFFICE, MALLESHWARAM, M.S. BUILDING, BENGALURU-01. 4. RANGE CONSERVATOR FOREST OFFICER AND APPELLATE AUTHORITY, P-B HWY, KAKTI, BELAGAVI-591113. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12693 WP No. 106976 of 2025 5. DEPUTY CONSERVATOR OF RANGE FOREST OFFICE BAGALKOT DIVISION, BAGALKOT-580171. 6. THE NATIONAL HIGHWAY AUTHORITY, (PROJECT IMPLEMENTATION UNIT), NAVANAGAR, BAGALKOT-587103. …RESPONDENTS (BY SRI. SHARAD V.MAGADUM, AGA FOR R1 TO R5; NOTICE TO R6 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I. ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO ISSUE NOC TO RELOCATE THE PETITIONER'S SAW MILL AS PER HIS REPRESENTATION DTD. 22/08/2022, II. ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO PERMIT THE PETITIONER TO DECENTRALIZE THE MACHINERIES AS PER HIS REPRESENTATION DTD. 22/08/2022, AT ANNEXURE-B AND B1. III. ISSUE A WRIT IN THE NATURE OF CERTIORARI BY SETTING ASIDE THE ORDER PASSED BY THE 5TH RESPONDENT IN B2/SAWMILL/BA.V/86/1985-86/2022-23/2014 DTD. 23/12/2022 VIDE ANNEXURE-C, AND IN B2/SAWMILL/BA.V/86/1985- 86/2022-23/2033 DTD.29-31/12/2022 VIDE ANNEXURE-D, ORDER PASSED BY THE 4TH RESPONDENT IN A3/SAWMILL/LAI.NO.85-86/STALANTAR/C.AR-22-23/24- 25/224(A) DTD. 15/05/2024 VIDE ANNEXURE-E TO THE WRIT PETITION AND ETC.,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:12693 WP No. 106976 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 6. Notice to respondent No.6 is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: I. Issue a writ or a direction or an appropriate order in the nature of Mandamus directing the respondents to issue NOC to relocate the petitioner's Saw Mill as per his representation dtd. 22/08/2022, II. Issue a writ or a direction or an appropriate order in the nature of Mandamus directing the respondents to permit the petitioner to decentralize the machineries as per his representation dtd. 22/08/2022, AT Annexure-B & B1. III. Issue a writ in the nature of Certiorari by setting aside the order passed by the 5th respondent in B2/SAWMILL/BA.V/86/1985- 86/2022-23/2014 dtd. 23/12/2022 vide Annexure-C, and in B2/SAWMILL/BA.V/86/ 1985-86/2022-23/2033 dtd.29-31/12/2022 vide Annexure-D, order passed by the 4th respondent in A3/SAWMILL/LAI.NO.85- 86/STALANTAR/C.AR-22-23/24-25/224(A) dtd. 15/05/2024 vide Annexure-E to the writ petition. - 4 - HC-KAR NC: 2025:KHC-D:12693 WP No. 106976 of 2025 IV. Issue such other orders and grant such other reliefs deemed fit and proper, in the circumstances of the case, in the interest of justice and equity. 3. The petitioner was running a sawmill under the name of Five Star Industries in Bagalkot since from 1983, having one horizontal saw machine and one vertical saw machine. The National Highway Authority seeking to widen the road on which the petitioner's sawmill was abutting, the petitioner made an application seeking for No Objection Certificate (NOC), to shift the sawmill. This said application came to be rejected vide order dated 23.12.2022 at Annexure-C, 31.12.2022 at Annexure-D, and 15.05.2024 at Annexure-E, on the ground that the application for NOC seeks for shifting of the machines to two different locations and as such the same is not permissible. 4. Learned counsel for the petitioner submitted that it is only on account of widening of the road by National Highways Authority that the petitioner was required to - 5 - HC-KAR NC: 2025:KHC-D:12693 WP No. 106976 of 2025 shift the sawmill and as such, the respondent ought not to have rejected the application which had been filed. 5. Learned AGA submits that the rejection was only on account of the fact that the petitioner seeks to establish two sawmills now by way of the NOC, inasmuch as no such splitting could be permitted. The respondents have no objection and would issue NOC if a single application is made for shifting of the sawmill to one location. 6. The said submission of learned AGA answers the grievance of the petitioner. If the petitioner were interested in shifting the existing sawmill to one other location, an application for NOC would have to be made in its entirety for one location. If such an application is made by the petitioner, respondents are directed to consider the same and pass necessary - 6 - HC-KAR NC: 2025:KHC-D:12693 WP No. 106976 of 2025 orders within four weeks from the date of receipt of such application. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT: UMD List No.: 1 Sl No.: 22