- 1 - HC-KAR NC: 2025:KHC:37576 WP No. 21419 of 2025 C/W WP No. 21432 of 2025 WP No. 21717 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 21419 OF 2025 (GM-FOR) C/W WRIT PETITION NO. 21432 OF 2025 (GM-FOR), WRIT PETITION NO. 21717 OF 2025 (GM-FOR), WRIT PETITION NO. 21751 OF 2025 (GM-FOR) IN WP No. 21419/2025 BETWEEN: M/S VIJAYA INDUSTRIES REPRESENTED BY ITS PROPRIETOR SRI. VELANI HASMUKH, S/O GOPLA BHAI VELANI, AGED ABOUT 49 YEARS NO. 57/6, MINNAPUARA VILLAGE, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT REG NO.NML/MIN/CE/0002/2021. …PETITIONER (BY SRI. SHYAM SUNDER BAJPEKAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMNENT OF FOREST, M.S.BUILDING, BANGALORE-560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37576 WP No. 21419 of 2025 C/W WP No. 21432 of 2025 WP No. 21717 of 2025 AND 1 OTHER 2. THE DEPUTY CONSERVATOR OF FORESTS SY. NO.124, AKKEPETE VILLAGE KASABA HOBLI DEVANAHALLI BANGALORE RURAL DIVISION BANGALORE-562110. 3. THE CHIEF CONSERVATOR OF FORESTS KAMMAGONDANAHALLI JALAHALLI BANGALORE RURAL DIVISION BANGALORE-560015. 4. THE ADDITIONAL CHIEF PRINCIPAL CONSERVATOR OF FOREST (FOREST CONSERVATION AND MANAGEMENT) ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BANGALORE-560003. 5. THE RANGE FOREST OFFICER NELAMANGALA BANGALORE RURAL-562123. …RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTIUTION OF INDIA ISSUE WRIT OF MANDAMUS OR WRIT OF DIRECTION TO THE RESPONDENT NO.5 TO REFRAIN FROM SEIZING PROCEEDINGS AND TAKE SUCH NECESSARY MEASURES / STEPS TILL THE DISPOSAL OF THIS WRIT PETITION; JASUE WRIT OF MANDAMUS OR WRIT OF DIRECTION TO THE CONCERNED AUTHORITY TO CONSIDER THE APPLICATION MADE BY THE PETITIONER AND ISSUE TO LICENSE TO THE PETITIONER; (III) ISSUE WRIT OF PROHIBITION, NOT TO PROCEED WITH FURTHER STEPS OR MEASURES OR ANY SUCH KIND OF INITIATIVES PERTAINING TO RECOVERY(S), DIRECTING THE RESPONDENT - 3 - HC-KAR NC: 2025:KHC:37576 WP No. 21419 of 2025 C/W WP No. 21432 of 2025 WP No. 21717 of 2025 AND 1 OTHER AUTHORITIES TO REFRAIN FROM FURTHER COERCIVE STEPS. IN WP NO. 21432/2025 BETWEEN: M/S PLY WOOD REPRESENTED BY ITS MANGING PARTNER, SRI. AMRUTH LAL BANJI PATEL, S/O LATE. BANJI PATEL, AGED ABOUT 59 YEARS SY. NO. 24, VISHWESHWARAPURA VILLAGE, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. ...PETITIONER (BY SRI. SHYAM SUNDER BAJPEKAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMNENT OF FOREST, M.S.BUILDING, BANGALORE-560001. 2. THE DEPUTY CONSERVATOR OF FORESTS SY. NO. 124, AKKEPETE VILLAGE KASABA HOBALI DEVANAHALLI BANGALORE RURAL DIVISION - 562 110. 3. THE CHIEF CONSERVATOR OF FORESTS KAMMAGONDANAHALLI JALAHALLI BANGALORE RURAL DIVISION BANGALORE - 560 015. 4. THE ADDITIONAL CHIEF PRINCIPAL CONSERVATOR OF FOREST - 4 - HC-KAR NC: 2025:KHC:37576 WP No. 21419 of 2025 C/W WP No. 21432 of 2025 WP No. 21717 of 2025 AND 1 OTHER (FOREST CONSERVATION AND MANAGEMENT) ARNYA BHAVAN, 18TH CROSS, MALLESHWARAM, BANGALORE-560003. 5. THE RANGE FOREST OFFICER NELAMANGALA BANGALORE RURAL-562123. ...RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION ISSUE WRIT OF MANDAMUS OR WRIT OF DIRECTION TO THE RESPONDENT NO.5 TO REFRAIN FROM SEIZING PROCEEDINGS AND TAKE SUCH NECESSARY MEASURES /STEPS TILL THE DISPOSAL OF THIS WRIT PETITION; (II) ISSUE WRIT OF MANDAMUS OR WRIT OF DIRECTION TO CONSIDER THE TO THE CONCERNED AUTHORITY APPLICATION MADE BY THE PETITIONER AND ISSUE TO LICENSE TO THE PETITIONER; (III) ISSUE WRIT OF PROHIBITION, NOT TO PROCEED WITH FURTHER STEPS OR MEASURES OR ANY SUCH KIND OF INITIATIVES PERTAINING TO RECOVERY(S), DIRECTING THE RESPONDENT AUTHORITIES TO REFRAIN FROM FURTHER COERCIVE STEPS. IN WP NO. 21717/2025 BETWEEN: M/S VIJAYA WOOD REPRESENTED BY ITS PROPRIETOR SRI. RAMESH GOPAL PATAL AGED ABOUT 59 YEARS SY. NO. 38/6, KUNIGAL ROAD DODDAKARENAHALLI VILLAGE - 5 - HC-KAR NC: 2025:KHC:37576 WP No. 21419 of 2025 C/W WP No. 21432 of 2025 WP No. 21717 of 2025 AND 1 OTHER NELAMANGALAL TALUK BANGALORE RURAL DISTRICT. ...PETITIONER (BY SRI. SHYAM SUNDER BAJPEKAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMNENT OF FOREST, M.S.BUILDING, BANGALORE-560001. 2. THE DEPUTY CONSERVATOR OF FORESTS SY. NO. 124, AKKEPETE VILLAGE KASABA HOBALI DEVANAHALLI BANGALORE RURAL DIVISION -562 110. 3. THE CHIEF CONSERVATOR OF FORESTS KAMMAGONDANAHALLI JALAHALLI BANGALORE RURAL DIVISION BANGALORE - 560 015. 4. THE ADDITIONAL CHIEF PRINCIPAL CONSERVATOR OF FOREST. (FOREST CONSERVATION AND MANAGEMENT) ARNYA BHAVAN, 18TH CROSS, MALLESHWARAM, BANGALORE-560003. 5. THE RANGE FOREST OFFICER NELAMANGALA BANGALORE RURAL-562123. ...RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO(I) ISSUE - 6 - HC-KAR NC: 2025:KHC:37576 WP No. 21419 of 2025 C/W WP No. 21432 of 2025 WP No. 21717 of 2025 AND 1 OTHER WRIT OF MANDAMUS OR WRIT OF DIRECTION TO THE RESPONDENT NO.5 TO REFRAIN FROM SEIZING PROCEEDINGS AND TAKE SUCH NECESSARY MEASURES / STEPS TILL THE DISPOSAL OF THIS WRIT PETITION; (II)ISSUE WRIT OF MANDAMUS OR WRIT OF DIRECTION TO THE CONCERNED AUTHORITY TO CONSIDER THE APPLICATION MADE BY THE PETITIONER AND ISSUE TO LICENSE TO THE PETITIONER; (III) ISSUE WRIT OF PROHIBITION, NOT TO PROCEED WITH FURTHER STEPS OR MEASURES OR ANY SUCH KIND OF INITIATIVES PERTAINING TO RECOVERY(S), DIRECTING THE RESPONDENT AUTHORITIES TO REFRAIN FROM FURTHER COERCIVE STEPS. IN WP NO. 21751/2025 BETWEEN: M/S KAILASH TIMBERS AND PLY REPRESENTED BY ITS MANGING PARTNER, SRI.KISHOR VALJI PATEL, S/O LATE, VALJI D PATEL, AGED ABOUT 47 YEARS SY. NO. 108/38/2,N.H.-48, KUNIGAL ROAD, DODDAKARENAHALLI, YENTAGANAHALLI POST NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. ...PETITIONER (BY SRI. SHYAM SUNDER BAJPEKAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, M.S.BUILDING, BANGALORE-560001. - 7 - HC-KAR NC: 2025:KHC:37576 WP No. 21419 of 2025 C/W WP No. 21432 of 2025 WP No. 21717 of 2025 AND 1 OTHER 2. THE DEPUTY CONSERVATOR OF FORESTS SY. NO. 124, AKKEPETE VILLAGE KASABA HOBLI, DEVANAHALLI, BANGALORE RURAL DIVISION - 562 110. 3. THE CHIEF CONSERVATOR OF FORESTS KAMMAGONDANAHALLI, JALAHALLI BANGALORE RURAL DIVISION BANGALORE - 560 015. 4. THE ADDITIONAL CHIEF PRINCIPAL CONSERVATOR OF FOREST (FOREST CONSERVATION AND MANAGEMENT) ARNYA BHAVAN, 18TH CROSS, MALLESHWARAM, BANGALORE-560003. 5. RANGE FOREST OFFICER NELAMANGALA BANGALORE RURAL-562123. ...RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO(I) ISSUE WRIT OF MANDAMUS OR WRIT OF DIRECTION TO THE RESPONDENT NO.5 TO REFRAIN FROM SEIZING PROCEEDINGS AND TAKE SUCH NECESSARY MEASURES /STEPS TILL THE DISPOSAL OF THIS WRIT PETITION; (II) THE ISSUE WRIT OF MANDAMUS OR WRIT OF DIRECTION TO THE CONCERNED AUTHORITY TO CONSIDER APPLICATION MADE BY THE PETITIONER AND ISSUE TO LICENSE TO THE PETITIONER. (III) ISSUE WRIT OF PROHIBITION, NOT TO PROCEED WITH FURTHER STEPS OR MEASURES OR ANY SUCH KIND OF INITIATIVES PERTAINING TO RECOVERY(S), DIRECTING THE RESPONDENT AUTHORITIES TO REFRAIN FROM FURTHER COERCIVE STEPS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC:37576 WP No. 21419 of 2025 C/W WP No. 21432 of 2025 WP No. 21717 of 2025 AND 1 OTHER CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are in the business of running Sawmills, and their units are within Nelamangala, Bengaluru. The petitioners are aggrieved by the decision to seal their units on the ground that they do not possess the requisite license issued by the State Level Committee [the Committee]. The petitioners refer to the different permissions/licenses that they have obtained from the Authorities under the different enactments, but undoubtedly, they do not have the license from the Committee. 2. Sri Rahul Cariappa, the learned Additional Government Advocate for the respondents, submits on instructions that the Range Forest Officer has visited each of these units and filed a Report which is placed before the Committee for due consideration and that the Committee was scheduled to meet on 24.08.2025 but for unavoidable reasons, meeting was - 9 - HC-KAR NC: 2025:KHC:37576 WP No. 21419 of 2025 C/W WP No. 21432 of 2025 WP No. 21717 of 2025 AND 1 OTHER not held as scheduled. Sri Rahul Cariappa also submits that in the next meeting of the Committee, the decision will be taken based on the Range Forest Officer’s Report which is placed with the Committee by the Deputy Conservator of Forests. 3. This Court is of the view that the petitions must be disposed of in the light of these submissions as the essential question whether or not the petitioners must be admitted to license will be considered by the Committee. However, the question that remains for consideration at this stage as canvassed by Sri Shyam Sunder Bajpekar, the learned counsel for the petitioner, is whether the petitioners must be directed to run their Unit/s until such decision is taken. Sri Rahul Cariappa is also heard on this aspect. 4. This Court opines that the Deputy Conservator of Forests must, upon receipt of a certified copy of this order, verify from the concerned - 10 - HC-KAR NC: 2025:KHC:37576 WP No. 21419 of 2025 C/W WP No. 21432 of 2025 WP No. 21717 of 2025 AND 1 OTHER petitioners for over how long they have been in existence, the source of raw material for their units and all other parameters and then decide on whether they must at all be permitted to operate their units. This Court must next observe that any decision must ultimately be subject to the decision of the Committee. In the light of the afore, the following: ORDER [a] The petitions stand disposed of with liberty to each of the petitioners to file a certified copy of this order with the Deputy Conservator of Forests [the second respondent] who is called upon, within three [3] weeks from the date of receipt of certified copy of this order, to verify the circumstances as stated above on whether the petitioners must be permitted to re-commence their - 11 - HC-KAR NC: 2025:KHC:37576 WP No. 21419 of 2025 C/W WP No. 21432 of 2025 WP No. 21717 of 2025 AND 1 OTHER operations until the Committee decides on the application for license. [b] The decision of the Deputy Conservator of Forests shall be subject to the outcome that may be because of the proceedings of the Committee. SD/- (B M SHYAM PRASAD) JUDGE AN/-