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2025 DAILYLAW 65101 (KAR)

SHRI MANJUNATH FURNITURE WORKS v. THE STATE OF KARNATAKA

WP/105801/2025 · 2025-08-19

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10429 WP No. 105801 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105801 OF 2025 (GM-TEN) BETWEEN: SHRI MANJUNATH FURNITURE WORKS A NO.621/2018 JANAT PLOT AT DEVIKOPPA, TQ. KALAGHATAGI, SHRI. MANJUNATH S/O. BUDAVANTHAPPA KORAVAR AGE: 41 YEARS, OCC. PROPRIETOR, R/O. DEVIKOPPA, TQ. KALAGHATAGI, DIST. DHARWAD. …PETITIONER (BY SRI. A C CHAKALABBI AND ASSOCIATES, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SECRETARY, DEPT. OF FOREST DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, OFFICE OF FOREST RESOURCE MANAGEMENT, ARANYA BHAVAN, MALLESHWARAM, BENGALURU-560055. 3. THE DEPUTY CONSERVATOR OF FORESTS, YALLAPUR DIVISION, YALLAPUR YALLAPUR, DIST. KARWAR-581329. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10429 WP No. 105801 of 2025 4. THE DEPUTY CONSERVATOR OF FORESTS, HALIYAL DIVISION, HALIYAL, TQ. HALIYAL, DIST. KARWAR-581329. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE WRIT OF CERTIORARI QUASH THE IMPUGNED E-TENDER CUM AUCTION NOTIFICATION DATED 01/07/2025 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-A AND ETC.,. 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 AGA accepts notice for respondent Nos. 1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC-D:10429 WP No. 105801 of 2025 a) Issue writ of certiorari quash the impugned e- Tender cum auction notification dated 01/07/2025 passed by the 2nd respondent vide ANNEXURE-A. b) Pass such order or orders which this Hon’ble Court deems fit and necessary under the facts and circumstances of the case. 3. The petitioner having participated in the e-tender- cum-auction notification dated 01.07.2025, issued by respondent No. 2 has approached this Court seeking the aforesaid reliefs. 4. Learned counsel for the petitioner submits that he does not wish to challenge the entire e-tender, but would restrict his challenge to the levy of 12% Forest Development Tax (for short ‘FDT’). 5. The apprehension of the petitioner is that FDT would be levied on the petitioner in the present tender also, since it was levied and collected in the earlier matter. - 4 - HC-KAR NC: 2025:KHC-D:10429 WP No. 105801 of 2025 Essentially, what has been challenged is the apprehended levy of FDT by the respondents, which cannot be so challenged in a writ petition. Reserving liberty to the petitioner to challenge any demand notice or order, if issued by the respondents levying FDT, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 16